Charter  of  the  City  of  Johnstown, 
New  York,  being  Chapter  593  of  the 
Laws  of  1905,  Entitled,  “An  Act  to 
Revise  the  Charter  of  the  City  of 
Johnstown.”  With  Amendments. 

1917 


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The  Charter  of  the  City  of  Johnstown. 


Article  I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 


Incorporation;  city  and  ward  boundaries;  definitions;  (§§  1-6.) 
City  officers;  election;  appointment;  qualifications;  terms; 

compensation;  vacancies.  (§§  10-28.) 

Mayor,  city  clerk  and  common  council.  (§§  40-58.) 
Chamberlain;  finance;  tax  budget  and  bonds.  (§§60-78.) 

I 

Assessment  and  collection  of  taxes.  (§§  90-115.) 

Local  improvement;  street  and  sewers.  (§§  140-146.) 

Board  of  water  commissioners;  water  works.  (§§  160-188.) 
Police  department.  (§§  190-196.) 

Fire  department;  fire  limits.  (§§  200-213.) 

Board  of  education;  schools.  (§§  220-241.) 

Board  of  health;  city  physician;  charities.  (§§  250-254.) 

The  recorder;  general  powers,  including  criminal  jurisdic¬ 
tion.  (§§  260-269.) 

City  court.  (§§  280-296.) 

City  attorney;  actions  by  and  against  city.  (§§  300-304.) 
Miscellaneous  provisions.  (§§  310-318.) 

ARTICLE  I. 


INCORPORATION;  CITY  AND  WARD  BOUNDARIES;  DEFINITIONS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 


Short  title. 

Boundaries  of  the  city. 

Division  into  wards;  ward  boundaries. 
Corporate  name  and  powers. 

Official  and  fiscal  year.  > 

Definitions.  \ 


455' 


4 


Section  1.  Short  title.  This  act  shall  be  known  as  “the  charter  of  the 
city  of  Johnstown.” 

§  2.  Boundaries  of  the  city.  All  that  part  of  the  county  of  Fulton 
included  within  the  following-  boundaries  shall  constitute  the  city  of 
Johnstown,  to-wdt:  Beginning  at  a  stone  monument  in  the  center  of 
State  street,  near  what  is  known  as  Johnson  hall,  at  its  intersection 
with  Johnson  avenue;  thence  along  the  center  of  said  Johnson  avenue 
north  thirtynine  degrees  east  one  thousand  and  sixty-one  feet  to  an  iron 
pin;  thence  along  the  center  thereof  north  thirty-three  degrees  east  one 
thousand  eight  hundred  feet  to  an  iron  pin  standing  in  the  center  of 
said  highway  at  the  cross  roads;  thence  north  forty-five  degrees  and 
fifteen  minutes  east  four  thousand  five  hundred  and  forty-eight  feet  to 
a  stone  monument  in  the  northerly  line  of  the  highway  leading  from 
the  Johnstown  and  Gloversville  plank  road,  near  the  toll  gate,  past  L.  K. 
MaylendeFs  residence  and  mill,  towards  Bennett’s  Corners;  thence  north 
eighty-five  degrees  and  eighteen  minutes  east  three  thousand  one  hun¬ 
dred  and  fifty-four  feet  to  a  stone  monument,  at  the  intersection  of  the 
southerly  line  of  Gloversville’s  corporation  line;  thence  south  twenty-two 
degrees  and  thirty  minutes  east  five  hundred  and  forty- five  feet  to  a  stone 
monument  on  the  southerly  line  of  the  Johnstown  and  Gloversville  plank- 
road;  thence  south  six  degrees  and  twenty-three  minutes  east  four  thou¬ 
sand  two  hundred  and  thirty-two  feet  to  a  point  near  the  division  line 
between  lands  of  Myron  Berry  and  lands  lately  owned  by  Edward  Ecker; 
thence  south  six  degrees  and  twenty  minutes  west  two  thousand  four 
hundred  and  seventeen  feet  to  a  point  in  the  northerly  line  of  what  is 
known  as  the  Broadalbin  road,  and  near  what  is  known  as  the  Eacker  lane; 
thence  south  nineteen  degrees  and  thirty-six  minutes  west  five  thousand 
and  seventy-eight  feet  to  a  stone  monument  near  the  division  line  between 
lands  of  Comrie  and  Selmser,  and  near  the  Saint  Patrick’s  cemetery; 
thence  south  forty-three  degrees  and  fifty  minutes  west  three  thousand 
seven  hundred  and  five  feet  to  a  stone  monument  near  the  division  line  of 
lands  of  Joseph  Thyne  and  Edwards’  estate;  thence  north  eighty-seven  de¬ 
grees  and  forty- five  .minutes  west  five  thousand  five  hundred  and  eighty 
feet  to  a  stone  monument  at  the  intersection  of  the  east  line  of  Franklin 
street  in  Nare  addition  and  the  northerly  line  of  Union  avenue;  thence 
north  three  degrees  east  along  the  east  line  of  said  Franklin  street,  two 
thousand  six  hundred  and  eighty  and  fouy-tenths  feet  to  a  stone  monument 
on  the  southerly  line  of  the  right  of  way  of  the  Fonda,  Johnstown  and 
Gloversville  Railroad  Company;  thence  north  twelve  degrees  and  twenty 
minutes  east  five  thousand  nine  hundred  and  ninety-two  and  one-half 
feet  to  the  place  of  beginning. 

§  3.  Division  into  wards;  ward  boundaries.  The  said  city  shall  be 
divided  into  four  wards,  bounded  respectively  as  follows: 

First  ward.  All  that  part  of  said  city  bounded  southerly  by  the  center 


5 


line  of  West  Main  street,  commencing  at  its  intersection  with  the  cen¬ 
ter  line  of  North  Market  street,  and  thence  running  westerly  to  the  west¬ 
ern  boundary  of  said  city;  easterly  by  the  center  line  of  North  Market 
street  to  the  center  line  of  Matthews  street;  thence  westerly  along  the 
center  line  of  Matthews  street  to  the  center  line  of  Mill  street;  thence 
northerly  along  the  center  line  of  Mill  street  and  the  center  line  of  Mill 
street  as  proposed  to  be  extended  northerly  to  Maple  avenue;  thence  north¬ 
erly  along  the  center  line  of  a  street  proposed  to  be  laid  out  from  Maple 
avenue  northerly,  on  a  line  with  the  center  line  of  Mill  street  as  pro¬ 
posed  to  be  extended,  to  the  center  line  of  Reid  avenue,  thence  along 
the  center  line  of  Reid  avenue,  in  accordance  with  the  map  thereof  here¬ 
tofore  filed  in  the  clerk’s  office  of  the  village  of  Johnstown,  to  the  north¬ 
ern  boundary  cf  the  city;  and  northerly  and  westerly  by  the  northern 
and  western  boundaries  of  the  city. 

Second  ward.  All  that  part  of  said  city  bounded  southerly  by  the  center 
line  of  West  Main  street,  commencing  at  the  intersection  with  the  center 
line  of  North  Market  street,  thence  ea.sterly  to  the  center  line  of  East 
Main  street,  thence  by  the  center  line  of  East  Main  street  to  the  eastern 
boundary  of  the  city;  easterly  and  northerly  by  the  eastern  and  northern 
boundaries  of  the  city;  westerly  by  the  eastern  boundary  of  the  first  ward. 

Third  ward.  All  that  part  of  said  city  bounded  northerly  by  the 
southern  boundary  of  the  second  ward;  easterly  and  southerly  by  the 
eastern  and  southern  boundaries  of  the  city;  and  westerly  by  the  east 
line  of  South  Market  street,  commencing  at  its  intersection  with  the 
center  line  of  West  Main  street,  thence  southerly  to  and  across  West 
Montgomery  street  to  and  along  the  east  line  of  the  proposed  extension 
of  South  Market  street  to  the  southern  boundary  of  the  city. 

Fourth  ward.  All  that  part  of  said  city  bounded  northerly  by  the  center 
line  of  West  Main  street,  commencing  at  its  intersection  with  the  east 
line  of  South  Market  street  and  running  thence  westerly  to  the  western 
boundary  line  of  the  city;  westerly  and  southerly  by  the  western  and 
southern  boundaries  of  the  city,  and  easterly  by  the  western  boundary 
of  the  third  ward. 

*  §  4.  Corporate  name  and  powers.  The  inhabitants  within  the  boundaries 
herein  prescribed  shall  be  a  municipal  corporation  by  the  name  of  the 
city  of  Johnstown.  Such  corporation  may: 

1.  Take,  purchase,  hold  and  convey  such  real  and  personal  property 
as  the  purposes  of  the  corporation  may  require; 

2.  Receive  by  gift,  grant,  bequest  and  devise,  and  hold  real  and  personal 
estate  in  trust  for  any  purpose  of  education,  art,  health,  charity  or  amuse¬ 
ment,  or  for  parks,  cemeteries  or  other  public  use,  and  for  the  erection 
of  statues,  monuments  and  public  buildings,  upon  such  terms  as  may  be 


*  As  amended  by  Chapter  266,  Laws  of  1911. 


6 


prescribed  by  the  grantor  or  donor  and  accepted  by  such  corporation,  and 
provide  tor  the  proper  execution  of  such  trusts; 

3.  Take,  pm  chase  anu  noiU  rtai  property  without  the  boundaries  herein 
prescribed,  or  any  easement  or  right  Uiertin,  wmcn  such  corporat.on  may 
require  or  deem  necessary  for  the  purpose  of  constructing,  operating  or 
maintaining  a  sewer,  sewer  outlet  or  sewage  disposal  plant;  and  in 
case  of  the  inability  of  said  corporation  to  agree  with  tne  owner  or  owners 
for  the  purchase  of  such  real  property,  easement  or  right,  to  acquire  the 
necessary  title  to  such  real  property,  or  any  easement  or  right  therein, 
by  comdemnation  in  the  mode  prescribed  in  title  one  of  chapter  twenty- 
three  of  the  code  of  civil  procedure; 

4.  Sue  and  be  sued,  complain  and  defend  in  any  court; 

5.  Use  the  present  public  seal  of  said  city  as  its  common  seal,  and 
alter  it  at  pleasure; 

6.  Possess  such  other  powers  as  may  be  conferred  by  law  upon 
cities  and  municipal  corporations  not  inconsistent  with  this  act;  and 

7.  Do  anything  necessary  to  carry  into  effect  the  powers  granted  to  it. 

§  5.  Official  and  fiscal  year.  The  official  and  fiscal  year  of  the  city 

shall  commence  with  the  first  day  of  January  in  each  year. 

§  6.  Definitions.  The  term  streets,  as  used  in  this  act,  includes  high¬ 
ways,  avenues,  alleys  and  lanes.  The  word  person,  as  used  in  this  act, 
includes  persons,  firms,  companies,  corporations  and  joint  stock  associa¬ 
tions.  The  term  ordinance,  as  used  in  this  act,  includes  all  legislative 
acts  of  the  common  council,  except  those  adopted  by  it  to  govern  its  own 
proceedings.  The  term  resolution,  as  used  in  this  act,  includes  all  motions, 
orders,  rules,  regulations  and  by-laws  other  than  ordinances  of  the  common 
council. 


ARTICLE  II. 


CITY  OFFICERS;  ELECTION;  APPOINTMENT;  QUALIFICATIONS; 
TERMS;  COMPENSATION;  VACANCIES. 


Section  10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 


City  officers. 

Manner  of  choosing  city  officers. 

Terms  of  office. 

Commencement  and  expiration  of  terms  of  office. 
Eligibility. 

City  elections. 

Canvass  of  votes  by  common  council. 

Certificates  of  appointment. 

Notice  to  persons  elected  or  appointed. 


19. 

Official  oaths. 

20. 

Official  bonds. 

21. 

Compensation  of  city  officers. 

22. 

Fees  and  perquisites. 

23. 

Vacancies. 

24. 

Suspensions  and  rtmo\als  of  appointive 

city  officers. 

25. 

Otncers  not  to  be  interested  in  conti acts 

or  purchases. 

26. 

Delivery  of  property,  books  and  papers  to 

successor. 

27. 

Oiiiceis  authorized  to  administer  oaths  and  to  take  affidavits 

and  acknowledgments. 

28. 

Supervisors;  preparation  of  jury  lists. 

*  §  10.  City  officers.  The  elective  officers  of  the  city  shall  be  a  mayor, 
a  recorder,  a  chamberlain,  an  assessor,  nine  members  of  the  board  of 
education,  one  aiderman-at-large,  and  one  water  commissioner-at-large; 
and  two  aldermen,  one  water  commissioner  and  one  supervisor  for  each 
ward.  The  appointive  officers  of  said  city  shall  be  a  city  clerk,  a  superin¬ 
tendent  of  streets,  a  superintendent  of  water  works,  a  city  attorney,  a 
city  engineer,  an  acting  recorder,  a  city  physician  who  shall  also  be  the 
health  officer  of  the  city,  a  commissioner  of  charities,  a  city  board  of 
health  consisting  of  six  members,  an  inspector  of  plumbing,  a  chief 
engineer  of  the  fire  department,  and  a  first  assistant  and  second  assistant 
engineer  of  the  fire  department,  a  chief  of  police  and  such  number  of 
regular  uniformed  policemen  as  the  common  council  shall  fix  at  the  first 
meeting  in  each  year,  and  such  other  special  policemen  as  are  hereinafter 
provided  for,  and  not  to  exceed  ten  commissioners  of  deeds,  and  such  other 
appointive  officers  as  may  be  authorized  by  general  laws. 

**§  11.  Manner  of  choosing  city  officers.  The  mayor,  recorder,  chamber- 
lain,  assessor,  members  of  the  board  of  education,  alderman-at-large  and 
water  commissioner-at-large  shall  be  elected  by  ballot  by  the  qualified 
electors  of  the  city.  The  aldermen  and  water  commissioner  and  supervisor 
for  each  ward  shall  be  elected  by  ballot  by  the  qualified  electors  thereof. 
The  city  clerk  shall  be  appointed  by  the  common  council  and  the  board 
of  water  commissioners  in  joint  session.  The  superintendent  of  streets 
shall  be  appointed  by  the  common  council.  The  superintendent  of  water 
works  shall  be  appointed  by  the  board  of  water  commissioners.  The  city 
attorney,  the  city  engineer,  and  the  city  physician  shall  each  be  appointed 
by  the  mayor  subject  to  the  confirmation  of  the  common  council.  The 
commissioner  of  charities  shall  be  appointed  by  the  mayor.  The  members 


*  As  amended  by  Chap.  326,  Laws  of  1916. 

**  As  amended  by  Chap.  660,  Laws  of  1910  and  Chap.  326,  Laws  of  1916. 


of  the  board  of  health  shall  be  appointed  by  the  common  council  upon 
the  nomination  of  the  mayor  in  the  manner  and  for  the  terms  prescribed 
by  the  public  health  law.  The  chief  engineer  of  the  fire  department,  the 
first  assistant  and  the  second  assistant  engineer  of  the  fire  department, 
the  acting  recorder,  the  chief  of  police,  policemen  and  special  policemen 
shall  be  appointed  as  hereinafter  provided.  The  commissioners  of  deeds 
shall  be  appointed  by  the  common  council  from  time  to  time  as  may  be 
deemed  necessary.  Appointments  for  a  full  term,  in  any  official  year  in 
which  appointments  are  to  be  made  for  such  term,  ghall  be  made  as 
follows:  If  by  the  mayor,  at  the  first  meeting  of  the  common  council 

in  such  year;  if  by  the  common  council,  at  its  first  meeting  in  such  year; 
if  by  the  mayor  with  the  confirmation  of  the  common  council,  at  such  first 
meeting  or  at  a  time  not  later  than  the  fourteenth  day  of  January  to 
which  such  meeting  shall  have  been  adjourned;  if  by  the  common  council 
and  the  board  of  water  commissioners  acting  jointly,  the  appointment 
shall  be  made  at  a  joint  session  of  such  bodies  to  be  held  on  the  first 
day  of  January  in  such  official  year  or,  in  case  such  day  falls  on  Sunday, 
on  the  next  day  thereafter.  The  inspector  of  plumbing  shall  be  appointed 
by  the  board  of  health  of  the  city  on  or  before  the  fifteenth  day  of  January. 
Except  as  otherwise  provided  in  this  act  no  appointment  for  a  full  term 
shall  be  made  at  a  time  other  than  as  above  prescribed.  Appointments  to 
fill  vacancies  shall  be  made  as  provided  in  section  twenty-three  of  this  act. 
*  §  12.  Terms  of  office.  The  term  of  office  of  the  mayor,  recorder,  cham¬ 
berlain,  assessor,  aldermen  and  alderman-at-large,  water  commissioners 
and  water  commissioner-at-large,  supervisors,  chief  engineer  of  the  fire 
department,  and  commissioners  of  deeds  shall  be  two  years.  The  term 
of  office  of  the  members  of  the  board  of  education  shall  be  three  years. 
The  term  of  office  of  the  city  clerk,  city  attorney,  city  engineer  and  of  the 
city  physician  and  health  officer  shall  be  two  years.  The  term  of  office  of 
the  superintendent  of  streets,  superintendent  of  water  works,  the  first 
assistant  engineer  and  second  assistant  engineer  of  the  fire  department 
shall  be  one  year.  The  commissioner  of  charities  shall  serve  for  a  term 
which  shall  expire  with  the  expiration  of  the  term  of  office  of  the  mayor. 
The  chief  of  police  and  each  of  the  regular  uniformed  policemen  now  or 
hereafter  appointed  shall  hold  their  respective  offices  during  competency 
and  good  behavior  and  until  removed  in  the  manner  as  provided  in  section 
twenty-four  of  this  act;  said  section  being  hereby  made  applicable  to  the 
chief  of  police  in  the  same  manner  as  if  said  chief  of  police  was  one  of 
the  uniformed  policemen. 

**§  13.  Commencement  and  expiration  of  terms  of  office.  The  term  of 
office  of  each  elective  officer  shall  commence  with  the  first  day  of  January 


*  As  amended  by  Chap.  660,  Laws  of  1910  and  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  660,  Laws  of  1910  and  Chap.  326,  Laws  of  1916. 


9 


succeeding  his  election.  The  term  of  office  of  each  appointive  officer, 
except  the  commissioner  of  charities,  the  chief  of  police,  and  each  of 
the  regular  uniformed  policemen,  shall  commence  with  the  fifteenth  day 
of  January  of  the  official  year  in  which  the  appointment  is  required  to  be 
made.  The  term  of  office  of  the  commissioner  of  charities,  of  the  chief  of 
police,  and  of  each  of  the  regular  uniformed  policemen  shall  commence  on 
the  first  day  of  January  of  such  year.  Each  city  officer  shall  hold  over 
after  the  expiration  of  his  term  and  until  his  successor  is  chosen  and  has 
qualified.  The  term  of  office  of  the  supervisors  shall  commence  and  expire 
at  the  same  time  as  the  terms  of  supervisors  of  the  towns  of  the  county 
of  Fulton. 

§  14.  Eligibility.  No  person  shall  be  eligible  to  a  city  office  unless  at 
the  time  of  his  election  or  appointment  he  is  a  resident  elector  of  the 
city,  except  that  the  city  engineer  need  not  reside  therein;  and  if  elected 
by  a  ward  of  said  city,  unless  at  the  time  of  his  election  he  is  also  a  res¬ 
ident  of  the  ward  for  which  he  shall  be  elected.  If  a  city  officer  shall 
cease  to  be  a  resident  of  the  city  his  office  shall  thereupon  become  vacant. 
If  a  city  officer  elected  by  a  ward  of  the  city  shall  cease  to  be  a  resident 
of  such  ward,  his  office  shall  thereupon  become  vacant.  A  recorder  here¬ 
after  elected  shall  at  the  time  of  his  election  have  been  admitted  to  prac¬ 
tice  in  this  state  as  an  attorney  at  law  for  a  period  of  three  years.  No 
person  shall  at  the  same  time  hold  more  thprn  one  office  under  this  act 
except  as  otherwise  provided  therein.  But  a  commissioner  of  deeds  may 
also  hold  any  other  city  office,  and  one  of  the  supervisors  of  the  city  may 
be  appointed  as  commissioner  of  charities. 

§  15.  City  elections.  A  general  city  election  shall  be  held  annually 
on  the  Tuesday  next  succeeding  the  first  Monday  in  November  at  the 
time  and  at  the  places  fixed  for  holding  the  general  election.  There 
shall  be  elected  at  each  general  city  election  successors  to  all  elective 
city  and  ward  officers  whose  terms  will  expire  before  the  date  of  the 
next  general  election,  and  vacancies  in  elective  offices  shall  be  fl'lled  at 
such  election  as  hereinafter  authorized.  Such  election  shall  be  conducted, 
and  the  votes  cast  thereat  canvassed  by  the  inspectors,  and  the  returns 
thereof  made,  in  the  manner  provided  by  the  Election  Law.  Except  as 
hereinafter  otherwise  provided  the  election  law  shall  apply  to  and  govern  all 
elections  in  said  city. 

§  16.  Canvass  of  votes  by  common  council.  The  common  council 
shall  meet  as  a  board  of  city  canvassers  on  the  next  Monday  after  each 
annual  city  election.  The  city  clerk  shall  present  to  the  common  council 
at  such  meeting  the  certified  statements  of  the  results  of  such  election 
in  the  several  election  districts  of  the  city,  as  delivered  to  him  by  the 
inspectors  of  election.  The  common  council  shall  canvass  such  certified 
statements  and  determine  and  declare  the  whole  number  of  votes  cast 
for  all  the  candidates  for  each  office  to  be  filled  at  such  election,  the  num 


10 


ber  of  votes  cast  for  each  such  candidate,  and  what  person  was  elected 
thereto.  The  persons  having  the  greatest  number  of  votes  for  the  respect¬ 
ive  offices  to  be  filled  by  the  whole  city,  and  those  having  the  greatest 
number  of  votes  for  the  offices  to  be  filled  by  the  several  wards  shall 
be  declared  duly  elected,  and  the  common  council  shall  thereupon  make 
duplicate  certificates  in  writing  of  all  those  who  were  duly  elected  at 
said  election,  to  the  various  offices  voted  for  at  said  election,  one  of 
which  certificates  shall  be  filed  with  the  city  clerk  and  the  other  with 
the  clerk  of  Fulton  County.  Such  canvass  shall  be  made  so  far  as  prac¬ 
ticable  in  the  same  manner  as  a  canvass  by  a  county  board  of  canvassers, 
and  the  provisions  of  the  election  law  relating  to  a  canvass  by  a  county 
board  of  canvassers  shall  apply  to  a  canvass  by  the  common  council. 

§  17.  Certificates  of  appointment.  All  appointments  to  city  offices 
made  as  prescribed  in  this  act  shall  be  evidenced  by  a  certificate  in  writ¬ 
ing,  signed  by  the  appointing  officer,  and  filed  forthwith  in  the  office  of 
the  city  clerk.  If  an  appointment  be  made  by  the  common  council,  the 
board  of  water  commissioners,  or  the  common  council  and  the  board  of 
water  commissioners  acting  jointly,  such  certificate  shall  be  signed  by 
the  officer  presiding  at  the  time  the  appointment  was  made,  and  attested 
by  the  city  clerk. 

§  18.  Notice  to  persons  elected  or  appointed.  The  city  clerk  shall 

give  notice,  in  writing,  to  every  person  elected  or  appointed  to  any  office 
under  this  act  of  his  election  or  appointment,  within  twenty-four  hours 
after  the  certificate  of  his  election  or  appointment  has  been  filed  in  his 
office,  which  notice  shall  be  served  personally  or  by  leaving  it  at  the 
residence  of  such  person. 

*  §  19.  Official  oaths.  Every  city  officer  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  file  his  official  oath  in  accordance  with  the 
constitution  and  public  officers  law,  and  for  an  omission  so  to  do,  he 
shall  be  subject  to  the  liabilities  and  penalties  prescribed  by  the  penal 
law,  and  of  the  public  officers  law.  The  mayor,  city  clerk,  recorder  and 
each  commissioner  of  deeds  shall  before  he  is  qualified  to  administer 
oaths  and  take  and  certify  affidavits  and  acknowledgments,  take  and  sub¬ 
scribe  the  constitutional  oath  of  office  before  the  clerk  of  the  county  of 
Fulton. 

**§  20.  Official  bonds.  The  city  clerk,  city  engineer,  commissioner  of 
charities,  recorder,  chief  of  police,  and  each  regular  uniformed  policeman, 
shall,  before  he  enters  upon  the  duties  of  his  office,  execute  and  file  an 
official  bond  in  accordance  with  the  public  officers  law,  and  for  an  omission 
so  to  do  he  shall  be  subject  to  the  penalties  and  liabilities  prescribed  by 
the  penal  law,  and  public  officers  law.  Except  as  herein  otherwise  pro- 


*  As  amended  by  Chap.  660,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  660,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 


11 


vided  the  penal  sum  named  in  any  such  bond,  or  the  sum  specified  in  any 
such  undertaking-  as  the  maximum  amount  of  liability  thereon  shall  be 
fixed  by  the  common  council. 

*  §  21.  Compensation  of  city  officers.  The  annual  salary  of  the  mayor, 
recorder,  chamberlain,  city  clerk,  city  attorney,  city  engineer,  commissioner 
of  charities,  superintendent  of  streets,  city  physician,  and  the  assessor 
shall  be  fixed  by  the  common  council,  by  a  two -thirds  vote,  at  their  first 
meeting  held  after  this  act  shall  become  a  law,  and  thereafter  at  the  first 
meeting  held  in  the  year  nineteen  hundred  and  seventeen,  and  thereafter 
at  a  meeting  held  on  or  before  October  first  in  the  year  preceding  the 
commencement  of  the  term  of  office  of  each  said  officer.  The  supervisor 
of  each  ward  shall  be  entitled  to  the  same  compensation  for  his  services 
as  the  supervisor  of  a  town  is  entitled  to  receive  for  like  services.  The  in¬ 
spectors  of  election,  ballot  clerks  and  poll  clerks  shall  receive  such  com¬ 
pensation  as  the  common  council  may  fix,  not  exceeding,  however,  the 
sum  of  five  dollars  per  day.  No  other  city  officer  shall  be  entitled  to  re¬ 
ceive  from  said  city  any  compensation  for  his  services  unless  otherwise 
provided  by  a  general  law  or  by  this  act.  For  the  purpose  of  computing 
the  compensation  to  which  each  officer  is  entitled  his  term  of  office  shall  be 
deemed  to  be  the  term  of  his  actual  service  therein.  The  annual  salary 
of  the  superintendent  of  water  works  shall  be  fixed  by  the  board  of  water 
commissioners  at  their  first  regular  meeting  after  this  act  shall  become 
a  law  and  thereafter  at  the  first  meeting  in  the  year  of  the  commencement 
of  the  term  of  office  of  said  officer.  The  annual  salaries  as  fixed  shall  be 
payable  in  monthly  installments.  Two-fifths  of  the  salary  of  the  cham¬ 
berlain  shall  be  paid  by  the  common  council  from  the  contingent  fund, 
two-fifths  thereof  by  the  board  of  water  commissioners  from  the  water 
fund,  and  one -fifth  thereof  by  the  board  of  education  from  the  school 
fund.  One-half  of  the  salary  of  the  city  clerk  shall  be  paid  by  the  common 
council  from  the  contingent  fund,  and  one-half  shall  be  paid  by  the  board 
of  water  commissioners  from  the  water  fund.  The  salary  of  the  city 
physician,  both  as  city  physician  and  health  officer,  and  the  salary  of  the 
commissioner  of  charities  shall  be  paid  from  the  poor  fund. 

**§  21-a.  Additional  compensation  may  be  given.  The  board  of  water 
commissioners  may,  at  any  regular  meeting,  after  this  act  shall  become 
a  law,  by  a  two-thirds  vote  add  to  the  salary  of  any  city  officer,  whose 
duties  require  service  for  said  board,  such  additional  compensation  as 
they  may  deem  reasonable,  the  same  to  be  paid  from  the  water  fund. 
This  section  shall  be  effective  anything  in  said  act  contained  to  the  con¬ 
trary  notwithstanding;  the  exercise  of  the  power  given  under  this  section 
shall  in  no  way  affect  any  of  the  other  provisions  of  said  act. 


*  As  amended  by  Chap.  661,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 
**  Added  by  Chap.  326,  Laws  of  1916. 


12 


§  22.  Fees  and  perquisites.  No  city  officer,  except  commissioners  of 
deeds  and  city  officers  acting  as  commissioners  of  deeds,  shall  have  or  re¬ 
ceive  to  his  own  use  any  perquisites,  compensation  or  fees  for  services 
pertaining  directly  or  indirectly,  or  which  may  hereafter  be  added,  to 
the  duties  of  his  office,  in  addition  to  his  salary  or  compensation,  unless 
otherwise  provided  in  this  act;  but  any  perquisite,  compensation  or  fee 
legally  chargable  for  services  performed  by  any  such  city  officer  shall 
be  collected  by  him  and  paid  into  the  city  treasury  to  the  credit  of  the 
contingent  fund. 

§  23.  Vacancies.  Except  as  otherwise  provided  in  this  act,  if  a  vacan¬ 
cy  shall  occur  otherwise  than  by  expiration  of  term  in  an  elective  city 
office,  the  common  council  shall  fill  such  vacancy.  If  a  vacancy  occurs 
in  an  elective  office  prior  to  the  time  within  which  nominations  for  a 
general  city  election  must  be  filed,  the  person  appointed  to  fill  such  va¬ 
cancy  shall  hpld  office  until  the  end  of  the  official  year  in  which  such 
vacancy  occurs.  If  a  vacancy  in  an  elective  office  occurs  subsequent  to 
the  time  within  which  nominations  for  a  city  office  must  be  filed,  the 
person  appointed  to  fill  such  vacancy  shall  hold  office  until  the  end  of 
the  next  official  year,  if  the  term  of  office  of  the  officer  vacating  his  office 
extends  through  such  year.  If  the  term  of  office  of  the  officer  vacating 
his  office  continues  beyond  the  official  year  in  which  said  vacancy  occurs 
and  said  vacancy  occurs  prior  to  the  time  within  which  nominations  for 
a  city  office  must  be  filed,  a  person  shall  be  elected  at  the  next  annual 
city  election  after  the  occurring  of  such  vacancy  to  fill  such  vacancy  for 
the  remainder  of  the  unexpired  term.  A  vacancy  occurring  in  any  appoint¬ 
ive  office  of  the  city,  otherwise  than  by  expiration  of  term,  shall  be  filled 
for  the  balance  of  the  unexpired  term  by  the  same  authorities  and  in  the 
same  manner  as  an  appointment  for  a  full  term. 

§  24.  Suspensions  and  removals  of  appointive  city  officers.  The 

mayor  may  suspend,  orally  or  by  writing,  for  ten  days  or  less,  at  any 
one  time,  any  officer  of  said  city  appointed  by  the  mayor,  with  the  con¬ 
firmation  of  the  common  council.  In  each  case  of  such  suspension  the 
mayor  shall  forthwith  report  to  the  common  council  the  reasons  for  such 
suspension.  It  shall  be  the  duty  of  the  common  council  forthwith  to  in¬ 
vestigate  the  reasons  for  such  suspension,  giving  the  officer  suspended 
reasonable  notice  thereof  and  a  reasonable  opportunity  to  be  heard,  and 
the  common  council  shall  remove  such  officer  if,  in  their  judgment,  there 
be  sufficient  grounds  therefor.  Each  officer  appointed  by  the  mayor,  with 
the  confirmation  of  the  common  council,  may  be  removed  by  the  com¬ 
mon  council  for  any  cause  by  them  deemed  sufficient,  upon  charges,  giv¬ 
ing  such  officer  reasonable  notice  thereof  and  a  reasonable  opportunity 
to  be  heard,  and  such  officer  may  be  suspended  by  the  common  council 
pending  such  investigation.  Each  city  board  may  remove  any  city  offi¬ 
cer  appointed  by  such  board,  upon  charges,  giving  such  officer  reasonable 


13 


notice  thereof  and  a  reasonable  opportunity  to  be  heard,  and  such  officer- 
may  be  suspended  by  said  board  pending  such  investigation.  The  mayor 
may  at  any  time  suspend  or  remove  any  officer  of  said  city  appointed 
by  the  mayor  to  serve  during  the  pleasure  of  the  mayor,  or  for  a  term 
expiring  with  the  expiration  of  the  term  of  office  cf  the  mayor,  but  sub¬ 
ject  to  removal  at  the  pleasure  of  the  mayor,  by  an  order  in  writing  to 
that  effect,  which  said  order  shall  be  filed  immediately  in  the  office  of 
the  city  clerk  and  a  copy  thereof,  certified  by  said  clerk,  forthwith  served 
upon  the  officer  so  suspended  or  removed.  The  common  council  and 
board  of  water  commissioners  may  remove  any  city  officer  appointed  by 
them  in  joint  session,  upon  charges,  giving  such  officer  reasonable  notice 
thereof  and  a  reasonable  opportunity  to  be  heard,  and  such  officer  may 
be  suspended  by  said  boards  acting  jointly  pending  such  investigation. 

§  25.  Officers  not  to  be  interested  in  contracts  or  purchases.  The 
mayor,  or  any  member  of  the  common  council,  board  of  water  commission¬ 
ers,  board  of  education  or  board  of  health,  or  any  superintendent,  clerk, 
agent  or  employee  of  said  city,  or  of  any  such  boards,  shall  not  be  volun¬ 
tarily  interested,  directly  or  indirectly,  beyond  the  compensation  which 
he  may  be  justly  entitled  to  for  sendees  by  him  actually  rendered  as  such 
officer,  agent  or  employee,  in  any  contract  or  work  made  or  done  by,  for 
or  on  behalf  of  said  city,  or  any  municipal  board  therein;  nor  shall  any 
such  person  be  -  voluntarily  interested,  directly  or  indirectly,  in  the  pur¬ 
chase  or  sale  of  any  merchandise,  material*  substance  or  supplies  for 
any  of  the  uses  or  purposes  of  said  city,  nor  shall  any  such  person  receive 
therefrom  or  thereon,  or  in  consideration,  or  in  consequence  thereof,  any 
commissions,  divisions,  discounts,  gift  or  moiety.  The  municipal  board 
of  said  city  shall  not  audit  any  account,  or  issue  any  warrant,  for  the 
payment  of  any  claim  for  services  rendered,  or  for  work,  labor,  or  mate¬ 
rials  furnished  by  any  person  during  the  time  such  person  shall  have 
held  the  office  of  mayor,  alderman,  or  member  of  a  municipal  board  of 
said  city.  A  violation  of  any  of  the  provisions  of  this  section  is  a  mis¬ 
demeanor. 

*  §26.  Delivery  of  property,  books  and  papers  to  successor.  Each  city 
officer  shall  upon  the  expiration  of  his  term  deliver  to  his  successor  in 
office  all  property,  papers  and  effects  of  every  description  in  his  possession 
or  under  his  control  belonging  to  the  city,  and  appertaining  to  such  office. 
If  he  shall  fail  to  do  so  within  five  days  after  notification  and  request  by 
his  successor,  he  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be 
recovered  by  the  city  in  a  civil  action  together  with  all  damages  caused  by 
his  neglect  or  refusal,  and  he  may  also  be  proceeded  against  as  provided 
by  the  penal  law. 

§  27.  Officers  authorized  to  administer  oaths  and  to  take  affidavits 


*  As  amended  by  Chap.  660,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 


14 


and  acknowledgments.  The  mayor  and  city  clerk,  recorder,  cham¬ 
berlain,  and  each  commissioner  of  deeds  who  shall  have  taken  and  sub¬ 
scribed  the  constitutional  oath  of  office  before  the  county  clerk  of  Fulton 
county  as  provided  in  this  act  may  administer  oaths,  and  take  and  certify 
affidavits  and  acknowledgments  within  the  city  of  Johnstown. 

*  §  28.  Supervisors;  preparation  of  jury  lists.  The  supervisors  of  the 
city  of  Johnstown  shall  be  members  of  the  board  of  supervisors  of  Fulton 
county.  They  shall  have  the  powers  and  be  subject  to  the  duties  of  super¬ 
visors  of  towns  under  the  general  laws  of  the  state,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act;  and  such  laws,  so  far  as  they 
are  applicable  shall  regulate  their  powers  and  duties.  The  supervisor  of 
each  ward  and  the  city  clerk  shall  perform  the  duties  of  the  supervisor, 
town  clerk  and  assessors  of  towns  as  provided  by  the  judiciary  law,  re¬ 
specting  the  selecting,  drawing,  and  procuring  the  attendance  of  trial 
jurors,  and  for  that  purpose  the  city  is  to  be  deemed  a  town. 

t  §  29.  Additional  duties  of  appointive  officers.  It  shall  be  the  duty  of 
every  appointive  city  officer  to  perform,  without  extra  compensation,  any 
service  which  may  be  required  of  him  by  the  common  council,  board  of 
health,  board  of  water  commissioners,  or  other  board  of  the  city,  where 
the  service  so  required  pertains  to  the  general  duties  of  his  office  as  defined 
by  general  laws,  by  this  act,  or  otherwise;  this  section  shall  not  apply  to 
any  appointive  officer  receiving  no  compensation,  nor  to  the  city  engineer, 
city  attorney  and  city  physician  and  health  officer. 

ARTICLE  III. 

MAYOR,  CITY  CLERK  AND  COMMON  COUNCIL. 


Section  40. 

General  powers  and  duties  of  mayor. 

41. 

Acting  mayor. 

42. 

General  powers  and  duties  of  city 

clerk. 

43. 

Aldermen. 

44. 

Common  council;  how  constituted 

and  organized 

45. 

Presiding  officer. 

46. 

Meetings. 

47. 

Rules;  quorum;  voting. 

48. 

Compelling  attendance  of  absent  members. 

49. 

Legislative  powers  of  common  council. 

*  As  amended  by  Chap.  660,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 
f  Added  by  Chap.  660,  Laws  of  1910,  Amended  by  Chap.  326,  Laws  of  1916. 


15 


1.  Relating  to  peace  and  good  order  generally. 

2.  Care  of  property. 

3.  Use  of  streets  generally. 

4.  Animals  running  at  large;  dogs. 

5.  Gambling  and  games  of  chance. 

6.  Vagrancy. 

7.  Noxious  occupations. 

8.  Licensing  occupations. 

9.  Advertisements  and  hand  bills. 

10.  Obnoxious  and  dangerous  practices. 

11.  Slaughter  houses. 

12.  Markets  and  marketing. 

13.  Prevention  or  extinguishment  of  fires. 

14.  Lockups,  police  stations  and  police  headquarters. 

15.  Public  buildings  and  parks. 

16.  Maps. 

17.  Street  names  and  lot  numbers. 

18.  Deposit  of  offensive  substances. 

19.  Sewers,  drains  and  pipes. 

20.  Injury  to  trees,  fences  and  other  property. 

21.  Powers,  duties  and  compensation  of  officers. 

22.  Division  of  city  into  districts. 

23.  Public  offices  and  supplies. 

24.  Ordinances  generally. 

50.  Improvement  of  streets  and  removal  of  nuisances  at  expense 

of  owners. 

51.  Mayor’s  actiop  on  ordinances. 

52.  Time  of  taking  effect  of  resolutions  and  ordinances;  publication. 

53.  Records  of  ordinances  and  resolutions;  evidence. 

54.  Violation  of  ordinances. 

55.  Licensing  occupations. 

56.  Repairs  of  streets  by  turnpike  and  plank  road  and  street 

railways. 

57.  Official  newspapers. 

58.  Old  cemetery  grounds. 

Section  40.  General  powers  and  duties  of  mayor.  The  mayor  shall  be 
the  chief  executive  officer  of  the  city.  He  shall: 


16 


1.  Maintain  the  peace,  good  order  and  prosperity  of  the  city; 

2.  Take  care  that  the  laws  of  the  state  and  the  ordinances  and  by-laws 
passed  by  the  common  council  and  the  board  of  health  are  faithfully 
executed,  and  arrest  or  cause  to  be  arrested  all  persons  violating  the 
same; 

3.  Call  out  and  command  the  police  and  firemen  of  thre  city  whenever 
in  his  discretion  he  shall  deem  it  necessary,  and  such  command  shall  be 
obeyed  in  all  respects. 

4.  Exercise  a  constant  supervision  and  control  over  the  conduct  of  all 
city  officers,  and  may  examine  at  all  times  the  books,  vouchers  and  papers 
of  any  officer  or  employe  of  said  city,  and  take  and  hear  testimony  and 
proofs  in  relation  thereto,  and  require  the  attendance  of  witnesses  to  give 
such  testimony  and  proof  as  provided  in  the  Code  of  Civil  Procedure. 

5.  Communicate  to  the  common  council  during  the  month  of  January 
in  each  year,  and  as  often  in  each  year  as  he  may  deem  expedient,  a 
statement  of  the  affairs  of  the  city  in  relation  to  its  finances,  govern¬ 
ment  and  improvement,  with  such  recommendations  as  he  may  deem  pro¬ 
per.  He  may  designate  from  time  to  time  the  place  in  said  city  where 
he  will  keep  his  office. 

§  41.  Acting  mayor.  The  alderman-at-large  shall  be,  when  the  mayor 
is  absent  from  the  city  or  unable  to  perform  his  duties,  the  acting  mayor, 
and  have  all  the  powers  and  be  subject  to  all  the  obligations  and  liabilities 
of  the  mayor. 

§  42.  General  powers  and  duties  of  city  clerk.  The  city  clerk  shall 
be  ex  officio  clerk  of  the  common  council  and. of  the  board  of  water  com¬ 
missioners,  and  ex  officio  clerk  and  registrar  of  the  board  of  health.  He 
shall: 

1.  Keep  the  minutes  of  the  meetings  of  the  common  council  and  of 
each  board  of  which  he  is  ex  officio  clerk,  and  record  in  books  to  be  kept 
for  the  purpose  all  proceedings  of  the  common  council  and  of  each  such 
board,  and  index  the  same; 

2.  Have  the  custody  and  control  of  the  corporate  seal,  books,  papers, 
documents  and  official  minutes  of  the  city,  except  as  otherwise  provided 
by  law ; 

3.  Record  and  alphabetically  index  in  a  book  provided  for  that  purpose 
all  bonds  of  city  officers  and  all  contractors’  or  other  bonds  running  to 
the  city  or  any  of  its  officers,  and  note  therein  the  date  of  filing  each 
such  bond; 

4.  Register  in  a  book  provided  for  that  purpose  all  municipal  bonds 
issued  by  the  city  or  any  of  its  officers.  He  shall  enter  in  such  book  a 
description  of  all  bonds  issued  by  the  village  or  town  of  Johnstown  for 
any  portion  of  which  the  city  is  liable,  and  of  all  bonds  converted  from 
coupon  into  registered  bonds  as  authorized  by  law; 

o.  fMake  certified  copies,  upon  request  and  payment  of  the  fee  there- 


17 


for,  of  all  records  and  documents  recorded  in  his  office.  He  may  affix 
the  corporate  seal  of  the  city  to  any  such  certificate  and  such  seal  shall 
be  deemed  to  be  his  official  seal,  and  such  certified  copy  shall  be  evidence 
as  provided  in  the  Code  of  Civil  Procedure.  He  may  demand  and  receive 
from  any  person  other  than  a  city  officer  fees  for  such  certified  copies  at 
the  rate  of  ten  cents  per  folio; 

6.  Keep  an  accurate  account  of  all  fees  and  moneys  received  by  him  as 
such  clerk  or  ex  officio  clerk,  other  than  his  salary,  including  fees  received 
by  him  as  registrar  of  the  board  of  health,  and  pay  the  same  within  ten 
days  after  the  receipt  thereof  to  the  city  chamberlain  to  the  credit  of 
the  contingent  fund,  and  take  a  receipt  therefor  and  file  the  same  in 
his  office.  Such  receipts  shall,  at  all  times,  be  subject  to  examination 
by  the  common  council  or  any  member  thereof; 

7.  Perform  such  other  duties  incident  to  his  office  as  may  be  required 
by  the  common  council  or  by  any  board  of  which  he  is  ex  officio  clerk. 

§  43.  Aldermen.  The  alderman-at-large  and  each  alderman  shall 
attend  the  regular  and  special  meetings  of  the  common  council;  act  upon 
committees  to  which  he  is  appointed;  arrest  or  cause  to  be  arrested  all 
persons  violating  in  his  presence  the  laws  of  the  state  or  the  city  ordi¬ 
nances  when  such  violations  are  made  a  crime  by  such  laws  or  ordinances; 
report  to  the  mayor  all  subordinate  officers  who  are  guilty  of  official 
misconduct  or  neglect  of  duty;  aid  in  maintaining  peace  and  good  order 
in  the  city;  and  perform  or  assist  in  performing  all  such  duties  as  are 
imposed  by  this  act  upon  the  aldermen  of  the  city  separately,  or  upon 
the  common  council  thereof.  The  aldermen  of  each  ward  shall  be  fence 
viewers,  and  shall  possess  the  powers  and  authority  in  respect  to  division 
fences  or  walls  in  their  ward  which  are  given  by  law  to  fence  viewers 
of  towns  with  respect  to  division  fences,  and  shall  be  entitled  to  receive 
the  same  fees  as  fence  viewers  of  towns. 

§  44.  Common  council,  how  constituted  and  organized.  The  com¬ 
mon  council  shall  be  composed  of  the  mayor  and  aldermen  of  the  city. 
The  common  council  shall  meet  annually  in  a  room  provided  for  that 
purpose  on  the  first  day  of  January,  or  if  that  be  Sunday,  then  on  the 
next  day,  at  ten  o’clock  in  the  forenoon,  for  the  purpose  of  organization. 
Such  meeting  shall  be  called  the  annual  meeting  of  the  common  council. 
Upon  such  organization  the  common  council  as  constituted  for  the  pre¬ 
ceding  year  shall  be  dissolved. 

§  45.  Presiding  officer.  The  mayor  shall  be  the  presiding  officer  of 
the  common  council,  but  shall  have  no  vote  therein  except  in  a  case 
of  tie,  when  he  shall  have  the  casting  vote.  The  alderman -at-large  shall 
be  the  presiding  officer  of  the  common  council  in  the  absence  of  fthe  mayor, 
but  shall  not  lose  his  vote  as  alderman  by  reason  of  his  acting  as  such 
presiding  officer.  When  he  shall  vote  as  alderman  he  shall  have  no  cast¬ 
ing  vote  on  a  tie. 


18 


§  46.  Meetings.  The  common  council  shall  hold  regular  meetings 
on  the  first  and  third  Monday  evenings  in  each  month  in  the  common 
council  rooms,  and  at  such  other  times  as  it  shall  by  resolution  designate. 
The  mayor  or  any  three  aldermen  may  call  a  special  meeting  by  caus¬ 
ing  a  written  notice  thereof  specifying  the  objects  of  the  meeting,  to 
be  served  by  the  city  clerk  upon  each  member  of  the  common  council, 
not  joining  in  such  notice,  personally,  or  by  mail,  directed  to  his  place 
of  residence  or  place  of  business,  at  least  twenty-four  hours  before  the 
time  for  such  meeting.  All  meetings  of  the  common  council  .shall  be 
public,  except  when  the  public  interest  require  secrecy;  but  no  vote 
shall  be  taken  in  secret  or  executive  session. 

§  47.  Rules;  quorum;  voting.  The  common  council  shall  determine 
the  rules  of  its  own  proceedings  and  be  the  judge  of  the  election  and 
qualifications  of  its  own  members.  A  majority  of  the  common  council, 
including  the  mayor  as  a  member  thereof,  shall  be  a  quorum  for  the 
transaction  of  business,  but  a  smaller  number  may  adjourn  from  time 
to  time.  At  all  meetings  of  the  common  council  each  alderman  shall 
have  one  vote.  A  majority  of  the  aldermen  present  and  voting  at  any 
meeting  of  the  common  council  at  which  a  quorum  shall  be  present  shall 
be  sufficient  to  pass  any  resolution  or  ordinance,  except  that  no  ordinance 
authorizing  or  involving  the  expenditure  of  money  or  collection  of  money 
by  a  tax  or  assessment  shall  pass  unless  it  receive  the  assent  of  a  ma¬ 
jority  of  all  the  aldermen  in  office,  and  except  as  otherwise  provided  in 
this  act.  The  ayes  and  noes  shall  be  called  and  recorded  on  all  ordinances, 
resolutions  and  appointments. 

§  48.  Compelling  attendance  of  absent  members.  The  attendance  of 
absent  members  may  be  compelled  by  the  common  council,  or  by  a 
meeting  thereof  at  which  less  than  a  quorum  is  present,  by  the  entry  of 
a  resolution  and  order  in  the  minutes,  directing  the  chief  of  police  or 
any  police  officer  of  the-  city  to  arrest  such  absent  member  and  take  him 
before  the  common  council  at  the  meeting  at  which  such  member  was 
absent,  or  at  some  subsequent  meeting,  to  answer  for  his  neglect. 

§  49.  Legislative  powers  of  common  council.  The  general  legisla¬ 
tive  powers  of  the  city  for  all  proper  municipal  purposes,  except  such  as 
may  be  vested  in  other  city  boards  or  officers,  shall  be  vested  in  the 
common  council.  It  shall  exercise,  except  as  otherwise  provided  by  law 
or  by  this  act,  all  the  corporate  powers  of  the  city  and  have  the  manage¬ 
ment  and  control  of  the  finances  and  of  all  the  property  belonging  to  the 
city.  It  has  the  authority  to  enact,  amend  or  repeal  ordinances,  not  in¬ 
consistent  with  the  laws  of  the  state,  for  the  government  of  the  city  and 
the  management  of  its  business,  for  the  preservation  of  good  order,  peace 
and  health,  for  the  safety  and  welfare  of  its  inhabitants  and  protection 
and  security  of  their  property.  All  the  legislative  acts  of  the  common 
council  shall  be  by  ordinance.  The  powers  of  the  common  council  include 


19 


the  power  to  enact  odinances*  for  the  purposes  specified  in  section  fifty 
of  this  act  and  for  the  following  additional  purposes: 

1.  Relating  to  peace  and  good  order  generally.  To  preserve  the  public 
peace  and  good  order;  to  prevent  or  suppress  vice,  immorality,  disorder¬ 
ly  or  gambling  houses,  and  houses  of  ill  fame,  riotous,  tumultous  assembl¬ 
ages,  unnecessary  crowds  upon  the  streets  or  in  door-ways  and  stair¬ 
ways  adjacent  thereto,  or  loitering  about  such  places,  and  all  disorder¬ 
ly,  noisy,  riotous  or  tumultous  conduct  within  the  city,  disturbing  the 
peace  and  quiet  of  the  city  or  any  meeting  or  assembly  therein. 

2.  Care  of  property.  To  provide  for  the  care,  custody  and  preser¬ 
vation  of  the  property,  books,  records  and  papers  belonging  to  the  city, 
and  to  regulate  the  use  and  management  thereof;  to  prevent  and  provide 
for  the  punishment  of  any  unlawful  interference  with,  or  injury  to,  the 
water  works  or  sewer  systems,  cemeteries  and  other  city  property. 

3.  Use  of  streets  generally.  To  regulate  the  use  of  the  streets 
and  public  places  by  pedestrians,  vehicles,  street  cars,  railways  and  loco¬ 
motives;  to  regulate  the  speed  of  railway  engines,  cars  and  street  cars 
through  the  city,  and  to  prevent  the  obstruction  of  streets  thereby;  to 
regulate  the  length  of  time  they  may  be  allowed  to  stand  upon  and  im¬ 
pede  travel  upon  street  crossings;  to  require  and  compel  railroad  com¬ 
panies  to  provide  and  keep  flagmen,  or  watchmen  at  dangerous  street 
crossings,  and  to  erect  and  maintain  proper  hoisting  or  other  gates  there¬ 
at;  to  regulate  the  erection  of  poles  and  stringing  of  wires  by  telegraph, 
telephone  and  electric  light  companies  in  the  streets  and  public  places; 
and  to  compel  such  companies  to  place  their  wires  in  conduits;  to  pro¬ 
vide  for  the  cleaning  of  streets,  public  places,  and  the  sidewalks  and  gut¬ 
ters  therein,  and  for  the  removal  of  ice  or  snow  therefrom,  and  from  .the 
roofs  of  buildings  abutting  thereon;  to  regulate  or  prevent  the  throwing 
of  ashes,  offal,  dirt  or  garbage  therein,  and  to  regulate  the  carting,  draw¬ 
ing  away  and  deposit  or  disposal  thereof;  to  regulate  the  erection  of 
signs,  sign-posts,  awnings,  awning-posts,  hitching-posts  and  horse-blocks; 
to  regulate  or  prevent  the  driving  of  wagons,  barrows,  carts,  bicycles  or 
other  vehicles,  and  all  animals,  along  any  sidewalk;  to  regulate  or  pre¬ 
vent  the  leaving  of  horses  standing  in  the  public  street  or  places  loose 
and  unattended;  to  regulate  the  speed  of  automobiles  in  the  streets  of 
the  city;  to  regulate  or  prohibit  coasting  or  skating  in  the  streets  and 
public  places;  to  regulate  the  opening  of  street  surfaces,  and  the  laying 
of  gas  and  water  mains,  and  the  erection  of  gas  and  other  lamp-posts  or 
other  devices  for  lighting  the  streets;  to  prohibit  or  regulate  the  erection 
or  construction  of  any  stoop,  step,  platform,  bay-window,  cellar,  area, 
stairs,  descent  or  ascent  into  any  building,  or  any  erection  or  projections 
from  any  building  or  otherwise,  in,  over  or  upon  any  street  or  sidewalk, 


*  So  in  original. 


20 


or  the  removal  of  any  house  or  building  through  the  streets  of  the  city; 
to  require  persons  driving  horses  with  sleighs  or  cutters  to  carry  ringing 
bells,  either  upon  the  horses,  sleighs  or  cutters;  to  regulate  the  width  of 
tires  on  all  wheeled  veh.cles,  and  generally  to  preserve  the  streets  and 
public  places  of  the  city  free  from  all  obstructions  and  disturbances  there¬ 
in,  or  injury  thereto,  and  from  any  interference  with  the  free  and  peace¬ 
able  use  thereof  by  the  public. 

1.  Animals  running  at  large;  dogs.  To  restrain,  regulate  and  pre¬ 
vent  cattle,  sheep,  horses,  swine,  dogs,  geese  and  other  animals  and  fowls 
running  at  large  in  said  city,  and  to  authorize  the  seizure  and  sale  thereof 
for  the  penalty  incurred  by  such  running  at  large  and  the  cost  of  their 
keeping;  and  to  make  regulations  for  taxing,  muzzling  and  confining  dogs, 
and  for  destroying  such  as  are  dangerous  or  may  be  found  running  at 
large  contrary  to  any  ordinance. 

5.  Gambling  and  games  of  chance.  To  suppress  gambling  and  gaming 
tables  and  all  instruments  and  devices  employed  in  gaming;  to  regulate 
or  restrain  pool  and  billiard  playing  and  the  playing  of  games  of  chance 
by  minors  in  public  places. 

6.  Vagrancy.  To  restrain  and  punish  street  beggars,  vagrants  and 
mendicants. 

7.  Noxious  occupation.  To  regulate  and  restrain  all  occupations  and 
business  noxious  to  public  comfort. 

8.  Licensing  occupations.  To  prohibit  the  pursuit  or  exercise,  with¬ 
out  a  license  granted  by  the  mayor  or  under  such  regulations  as  the 
common  council  may  prescribe,  of  any  of  the  following  trades  or  occupa¬ 
tions,  within  the  city: 

a.  Hawking  and  peddling  in  the  streets  and  public  places  of  the  city. 

b.  The  business  of  public  hackmen,  cabmen,  expressmen,  cartmen, 
pawnbrokers,  auction  sales,  auction  stores  and  junk  dealers,  and  may 
require  licensed  conveyances  to  be  numbered; 

c.  The  business  of  runners  for  stages,  railroads,  hotels,  taverns  or  other 
houses; 

d.  The  business  of  theatrical  or  opera  performances,  concerts,  circuses, 
acrobatic  exhibitions,  the  exhibition  of  all  curiosities,  of  all  feats  of 
legerdemain  and  necromancy,  or  other  exhibitions  of  common  showmen; 

e.  Billiard  rooms,  bowling  alleys  and  other  places  of  similar  amusement: 

f.  The  selling,  keeping  and  storing  of  gun  powder,  gun  cotton,  blasting 
powder,  dynemite,  and  all  dangerous  or  explosive  materials. 

9.  Advertisements  and  hand  bills.  To  prohibit,  regulate  and  restrain 
the  exhibition,  circulation  and  posting  of  advertisements  and  hand  bills. 

10.  Obnoxious  and  dangerous  practices.  To  prohibit,  regulate  or  re¬ 
strain  the  ringing  and  tolling  of  bells,  blowing  of  horns  and  whistles, 
crying  of  goods  and  wares  at  auction,  flying  of  kites,  throwing  of  snow 
balls  or  ice,  horse  racing  and  immoderate  driving,  and  the  use  of  guns. 


21 


pistols,  fire  works,  and  detonating-  works  of  all  descriptions;  or  any  act 
in  the  public  streets  or  elsewhere  in  the  city  having  a  tendency  to  frighten 
horses,  to  injure  or  annoy  persons,  or  to  injure  or  endanger  property. 

11.  Slaughter  houses.  To  prohibit  the  erection  or  continuance  of  and 
to  regulate  and  prescribe  the  location  of  slaughter  houses  and  of  all 
places  where  cattle,  sheep  or  swine  shall  be  kept  within  the  city,  and  to 
prohibit  the  slaughter  or  keeping  thereof  in  any  other  places  than  those 
so  directed. 

12.  Markets  and  marketing.  To  regulate  the  sale  and  place  of  sale 
of  wood,  hay,  straw,  grain,  lumber  and  other  marketable  articles  from 
wagons,  sleighs  and  other  vehicles  and  to  fix  the  fees  for  weighing, 
selling  or  measuring  the  same;  to  regulate  and  designate  public  places 
or  markets  for  the  sale  of  fresh  meats,  fruit,  poultry,  butter,  cheese, 
eggs,  honey,  vegetables,  game  birds,  fish,  and  other  articles  usually  dis¬ 
posed  of  from  market  wagons,  and  the  fees  for  marketing  privileges;  to 
regulate  the  management,  care  and  use  of  the  public  markets. 

13.  Prevention  or  extinguishment  of  fires.  To  regulate  the  manner 
of  erecting  brick,  stone  or  other  material  for  walls  and  buildings  and  the 
thickness  thereof,  to  prohibit  or  require  the  removal  of  any  such  as  may 
be  deemed  dangerous;  to  raze  or  demolish  any  building  or  erection  which 
by  reason  of  fire  or  any  other  cause  has  or  may  become  dangerous  to 
human  life  or  health,  or  tend  to  extend  conflagration ;  to  regulate  the 
construction  of  chimneys  and  the  sweeping  thereof;  to  prevent  the  set¬ 
ting  up  or  require  the  removal  of  stoves,  pipes,  boilers  and  other  articles 
deemed  dangerous;  to  prohibit  or  regulate  the  deposit  of  ashes;  to  reg¬ 
ulate  the  carrying  on  of  manufactures  which  are  liable  to  cause  or  pro¬ 
mote  fires;  to  regulate  the  use  of  lights  in  stables  and  other  buildings  in 
which  combustible  materials  may  be  collected  or  deposited,  and  prescribe 
the  use  of  lanterns  or  safety  lamps  in  such  stables  or  other  buildings; 
to  require,  regulate  or  permit  such  other  acts  to  be  done  as  the  common 
council  may  deem  proper  to  prevent  the  occurance  or  provide  for  the 
extinguishment  of  fires  in  the  city. 

14.  Lock-ups,  police  stations  and  police  headquarters.  To  establish, 
maintain  and  regulate  a  city  lock-up  or  police  station,  for  the  detention 
and  safe  keeping  of  offenders,  vagrants  and  other  persons  under  arrest 
and  to  provide  a  keeper  therefor,  and  for  the  proper  care  thereof;  to 
establish  police  headquarters  and  other  necessary  rooms  for  the  police 
department. 

15.  Public  buildings  and  parks.  To  purchase  ground  and  erect  neces¬ 
sary  buildings  thereon,  and  to  purchase  grounds  for  a  public  park  or 
parks,  and  to  lay  out  and  maintain  the  same,  provided  the  necessary 
funds  for  such  purposes  shall  have  been  voted  at  an  annual  or  special 
election  held  as  provided  in  this  act,  but  not  otherwise. 


22 


16.  Maps.  To  make  or  cause  to  be  made  maps  of  the  city  and  of  the 
several  wards  thereof. 

17.  Street  names  and  lot  numbers.  To  designate  and  alter  the  names 
of  the  streets  and  the  number  of  all  lots  and  buildings  and  to  com¬ 
pel  the  owners  or  occupants  of  buildings  to  affix  thereto  the  proper  num¬ 
bers  thereof  in  such  manner  as  it  may  direct. 

18.  Deposit  of  offensive  substances.  To  prevent  the  casting  into  any 
pond  or  stream  within  the  city  of  any  dead  animal,  offal,  filth  or  foul, 
offensive  or  poisonous  substances,  or  thing,  or  any  earth,  stones  or  rub¬ 
bish;  to  prohibit  all  persons  from  bringing  or  depositing  any  unwhole¬ 
some,  putrid  or  decaying  carcass,  skins,  hides,  fish,  meat  or  other  sub¬ 
stance  within  said  city,  and  to  require  or  authorize  the  removal  or  obstruc¬ 
tion  thereof. 

19.  Sewers,  drains  and  pipes.  To  regulate  the  location  and  construc¬ 
tion  of  private  sewers,  drains,  water  or  gas  pipes,  and  prevent  injury 
to  or  obstruction  of  any  sidewalk  thereby. 

20.  Injury  to  trees,  fences  and  other  property.  To  prevent  the  injury 
or  defacement  of  shade  or  ornamental  trees  and  of  fences,  walks,  posts 
and  buildings  in  said  city. 

21.  Powers,  duties  and  compensation  of  officers.  To  prescribe  and  de¬ 
fine  the  powers  and  duties  of  city  officers  which  are  not  specified  in  this 
act,  and  are  not  inconsistent  therewith;  to  fix  and  determine  the  com¬ 
pensation  of  city  officers  where  they  are  not  already  fixed  by  law  or  by 
this  act;  to  see  that  the  city  officers  faithfully  perform  their  several 
duties,  and  that  proper  means  are  taken  to  punish  neglect  of  duty  on  the 
part  of  any  of  them. 

22.  Division  of  city  into  districts.  To  divide  the  city  into  road,  fire 
or  other  districts  as  may  be  deemed  necessary,  and  to  fix  the  boundaries  of 
the  same. 

23.  Public  offices  and  supplies.  To  provide  rooms  for  the  common 
council,  the  board  of  water  commissioners,  and  the  other  city  boards  and 
officers,  and  for  the  several  fire  companies  of  the  city,  and  the  necessary 
fuel,  lights,  stationery  and  supplies  for  their  offices. 

24.  Ordinances  generally.  To  make  all  such  ordinances  as  shall  be 
necessary  to  carry  into  effect  any  general  power  or  discharge  any  duty 
conferred  or  imposed  by  this  act,  although  such  ordinance  may  not  be 
specially  enumerated  herein. 

§  50.  Improvement  of  streets  and  removal  of  nuisances  at  expense  of 
owners.  The  common  council  may: 

1.  Require  the  owners  of  lots  to  dig  down,  drain  or  fill  up  such  lots 
whenever  it  may  be  necessary  to  prevent  injury  to  the  streets,  side-walks 
or  cross-walks; 

2.  Direct  the  sweeping  and  cleaning  of  the  streets  by  persons  owning 
or  occupying  the  premises  fronting  thereon; 


23 


3.  Order  and  regulate  the  plating,*  removing,  rearing,  trimming  and 
preserving  of  ornamental  and  shade  trees  in  the  streets  of  the  city; 

4.  Regulate  and  provide  for  the  erection  of  a  railing  or  guard  along 
the  streets  and  side- walks  in  exposed  and  dangerous  places; 

5.  Require  any  building,  fence  of  other  erection  within  the  line  of  any 
street  to  be  removed  therefrom  by  the  owner  or  occupant  of  the  abutting 
property; 

6.  Compel  the  owner  or  occupant  of  any  building  or  wall  which  may 
be  in  a  dangerous  or  unsafe  condition,  on  account  of  fire  or  otherwise, 
to  render  the  same  safe  or  to  take  it  down  and  remove  it; 

7.  Direct  the  owner  or  owners  of  any  building  used  for  public  enter¬ 
tainments  or  other  public  purposes  to  provide  the  same  with  suitable  and 
sufficient  fire  escapes  and  means  of  exit  in  case  of  fire,  in  the  manner 
provided  by  the  common  council; 

8.  Authorize  any  city  officer  or  any  person  designated  by  the  common 
council  to  inspect  any  building  used  for  public  entertainments  or  other 
public  uses  to  ascertain  whether  the  same  is  in  a  safe  condition,  and  if 
not  to  require  the  same  to  be  made  safe; 

9.  Compel  the  removal  of  any  incumbrances,  encoachments,  obstruc¬ 
tion  or  deposit  of  building  materials  in  or  upon  any  street,  sidewalk,  cross¬ 
walk  or  public  ground; 

10.  Compel  the  owner  or  occupant  of  any  premises  in  said  city  to  re¬ 
move  all  dirt,  snow,  and  ice  from  the  sidewalks  and  gutters  adjoining 
such  premises; 

11.  Regulate  and  superintend  the  laying  of  all  gas  and  other  pipes, 
except  water  pipes,  in  said  city,  fix  the  grade  at  which  such  pipes  shall 
be  laid,  and  compel  the  laying  or  relaying  of  the  same  in  accordance  with 
such  established  grade; 

12.  Require  any  individual,  company  or  corporation,  after  laying,  relay¬ 
ing  or  repairing  such  pipes  in  any  street  to  put  such  street  in  good  con¬ 
dition  or  repair,  to  remove,  without  unnecessary  delay,  all  incumbrances 
and  obstructions  which  such  individual,  corporation  or  company  may 
have  placed  or  caused  to  be  placed  in  such  street;  to  require  such  indi¬ 
vidual,  corporation  or  company  to  keep  proper  signal  lights  burning  at 
night  at  all  holes,  ditches  and  places  which  shall  have  been  rendered 
dangerous  to  persons  traveling  in  such  street; 

13.  Prevent  or  regulate  the  construction  and  erection  of  any  building, 
awning  or  other  structure  which  shall  project  into  or  over  any  street  or 
sidewalk,  and  the  hanging  or  suspending  of  any  goods,  signs  or  other 
thing  in  or  upon  any  street  or  sidewalk,  and  the  placing  of  barrels,  boxes 
or  other  thing  in  or  upon  any  such  street  or  sidewalk; 

14.  Designate  such  portions  or  said  city  as  it  may  deem  proper  within 


*  So  in  original. 


24 


which  buildings,  in  whole  or  in  part,  of  wood  or  other  combustible  mate¬ 
rial  shall  not  be  erected  or  rebuilt,  and  remove  or  provide  for  the  removal 
thereof  if  so  erected  or  rebuilt; 

15.  Prevent  or  regulate  the  construction,  erection  or  use  in  any  manner- 
dangerous  in  regard  to  fire,  of  any  building,  chimney  or  fire-place,  heater., 
stove,  stovepipe,  repository  of  ashes  or  charcoal,  boiler,  furnace  or  other 
apparatus  or  thing,  and  compel  the  owner  or  occupant  of  any  premises 
upon  which  shall  be  found  anything  so  constructed,  erected  or  used,  to 
put  the  same  in  safe  condition  or  remove  the  same; 

16.  Prevent  and  abate  nuisances,  and  determine  what  are  such,  either 
upon  view  or  upon  the  testimony  of  witnesses  who  may  be  examined 
under  oath  before  it.  For  the  purpose  specified  in  this  and  the  preceding 
subdivisions  the  common  council  or  any  city  officer  or  person  designated 
by  it  may  enter  into  or  upon  any  building  or  premises  in  the  city.  Wher¬ 
ever  in  this  section  the  common  council  is  authorized  to  require  work 
to  be  performed  by  the  owner  or  occupant  of  any  premises,  or  by  any 
other  person,  it  shall  cause  a  notice  to  be  served  upon  such  owner,  occu¬ 
pant,  or  other  person,  specifying  the  thing  to  be  done,  and  the  time 
within  which  the  work  required  shall  be  completed.  The  notice  shall  be 
served  in  such  manner  as  the  common  council  may  prescribe.  If  such 
work  is  not  performed  by  such  owner  or  occupant  or  other  person,  within 
the  time  prescribed  in  such  notice,  the  common  council  may  cause  the 
same  to  be  done,  at  the  expense  of  such  owner,  occupant  or  other  person. 
The  common  council  may  determine  that  such  expense  shall  be  a  lien 
upon  the  premises  or  lots  mentioned  or  referred  to  in  any  of  the  above 
sub-divisions.  If  it  shall  so  determine  it  shall  cause  a  notice  of  at  least 
ten  days  to  be  served  upon  the  owner  or  occupant  of  the  premises  affected, 
specifying  the  amount  of  such  expenses  to  be  assessed  and  stating  that 
at  a  time  and  place  specified  therein  the  common  council  will  hear  all 
objections  to  the  proposed  assessment.  At  the  time  and  place  specified 
in  such  notice  the  common  council  shall  hear  objections  and  shall  assess 
against  the  premises  and  lots  mentioned  the  cost  and  expense  incurred 
by  it,  and  shall  issue  warrants  against  the  owners  or  occupants  thereof 
to  collect  such  costs  and  expenses  in  the  same  manner  as  assessments 
and  taxes  are  collected  under  the  provisions  of  this  act. 

*  §  51.  Mayor’s  action  on  ordinances.  Every  ordinance  and  resolution 
of  the  common  council  except  a  resolution  for  the  appointment  of  officers 
shall  within  twenty-four  hours  after  its  passage  be  certified  by  the  clerk 
and  presented  to  the  mayor.  If  he  approve  it,  he  shall  sign  it  and  return 
it  to  the  clerk,  and  it  shall  take  effect.  If  he  neglect  to  approve,  sign  and 
return  it  to  the  clerk  within  ten  days  after  receiving  it,  and  he  does  not 


As  amended  by  Chap.  326,  Laws  of  1916. 


25 


disapprove  it  within  that  time  as  herein  provided,  then  it  shall  take 
effect  as  if  he  had  approved  and  signed  it.  If  he  disapprove  it,  he  shall 
within  the  same  time  return  it  to  the  clerk  with  his  objections  in  writing, 
and  the  clerk  shall  present  the  same  with  such  objections  to  the  common 
council  at  its  next  regular  meeting;  unless  the  common  council  shall  re¬ 
consider  such  ordinance  or  resolution  at  such  meeting  or  at  a  meeting 
held  within  thirty  days  thereafter,  and  pass  it  over  the  mayor’s  veto  by  the 
concurring  vote  of  at  least  two-thirds  of  the  total  number  of  aldermen, 
which  vote  shall  be  taken  by  ayes  and  noes  and  entered  on  the  minutes, 
together  with  the  objections  of  the  mayor,  it  shall  not  take  effect;  but  if 
the  requisite  number  of  members  shall  vote  therefor,  then  the  ordinance  or 
resolution  shall  take  effect  as  if  approved  and  signed  by  the  mayor. 
When  an  ordinance  appropriating  money  contains  several  items,  the 
mayor  may  approve  the  provisions  relating  to  one  or  more  items,  and 
disapprove  the  others.  In  such  case  those  items  which  he  shall  approve, 
shall  become  effective,  and  those  which  he  shall  not  approve,  shall  be 
reconsidered  by  the  common  council  and  shall  only  become  effective  if 
again  passed  by  it  as  above  provided;  and  the  foregoing  provision  with 
reference  to  approval  and  disapproval  and  failure  to  return  an  ordinance, 
within  ten  days  after  the  receipt  of  the  same,  shall  be  applicable  to  and 
govern  such  cases. 

§  52.  Time  of  taking  effect  of  resolutions  and  ordinances;  publication. 

Any  resolution  or  ordinance  enacted  by  the  common  council  may  specify 
the  time  when  it  shall  take  effect.  Every  ordinance  imposing  a  penalty 
or  forfeiture,  or  punishable  by  fine  or  imprisonment  shall  be  published  at 
least  once  in  each  of  the  official  newspapers  of  the  city,  and  it  shall 
take  effect  upon  the  completion  of  such  publication  unless  a  later  date 
be  specified  therein.  If  no  time  for  its  taking  effect  be  specified  in  any 
resolution  or  ordinance  not  required  to  be  published,  or  if  it  specifies 
that  it  shall  take  effect  immediately,  it  shall  take  effect  on  its.  approval 
by  the  mayor,  if  he  approves;  or,  if  he  fails  to  return  it  to  the  clerk 
within  ten  days  after  the  receipt  thereof,  it  shall  take  effect  on  the  elev¬ 
enth  day  after  such  receipt  thereof  by  the  mayor;  or,  if  he  returns  it 
with  his  disapproval  and  it  be  passed  over  his  veto,  it  shall  take  effect 
at  the  time  of  its  passage  over  his  veto. 

§  53.  Records  of  ordinances  and  resolutions;  evidence.  Every  ordi¬ 
nance,  rule,  regulation,  resolution  and  by-law  of  the  common  council, 
together  with  the  certificate  of  the  clerk  of  the  time  and  manner  of  the 
publication  thereof,  if  required  by  this  act,  shall  be  recorded  by  the  clerk 
in  a  separate  book  or  books  to  be  provided  by  the  city  and  kept  for  that 
purpose,  which  shall  be  indexed  and  always  accessible  to  the  public;  and 
the  said  record  or  a  copy  thereof,  certified  under  the  corporate  seal  of 
the  city  by  the  clerk  to  be  a  true  copy  of  such  record,  shall  be  presumptive 
evidence  in  all  courts  and  places  and  in  all  actions  and  proceedings,  of 


26 


the  passage  of  such  ordinance,  rule,  regulation,  by-law  or  resolution,  and 
of  its  having  been  duly  published  as  by  this  act  provided. 

*  §  54.  Violation  of  ordinances.  Any  ordinance  enacted  by  the  common 
council  may  provide  that  any  person  violating  such  ordinance  shall  be 
guilty  of  a  misdemeanor  or  of  disorderly  conduct,  or  shall  be  liable  to 
pay  to  the  city  a  sum  therein  named  as  a  penalty  not  exceeding  one  hun¬ 
dred  dollars,  to  be  recovered  in  a  civil  action,  If  no  provision  be  made 
in  any  ordinance  as  to  the  effect  of  a  violation  thereof  every  violation 
thereof  shall  be  a  misdemeanor.  If  a  violation  of  any  such  ordinance  be 
made  a  misdemeanor  or  disorderly  conduct  by  or  in  pursuance  of  this 
act  and  be  also  made  a  misdemeanor  or  disorderly  conduct  by  any  other- 
law,  but  one  conviction  shall  be  had  on  account  of  such  conduct.  If  the 
violation  of  any  ordinance  constitutes  either  a  misdemeanor  or  disorderly 
conduct,  and  also  render  a  violator  liable  to  a  penalty  in  a  civil  action, 
the  conviction  of  either  disorderly  conduct  or  a  misdemeanor  on  account 
of  such  conduct  shall  be  a  bar  to  the  recovery  of  the  penalty  in  a  civil 
action,  and  the  recovery  and  payment  of  a  judgment  for  the  penalty  shall 
be  a  bar  to  the  prosecution  for  either  the  misdemeanor  or  the  disorderly 
conduct  on  account  of  such  violation.  If  the  same  conduct  shall  con¬ 
stitute  a  violation  of  an  ordinance  enacted  by  the  common  council  of 
the  city  in  pursuance  of  this  act,  and  also  a  violation  of  an  ordinance 
of  the  board  of  health  of  the  city  enacted  in  pursuance  of  law,  such 
ordinance  of  the  board  of  health  shall  so  long  as  it  remains  in  force  and 
effect  supersede  and  nullify  such  ordinance  of  the  common  council.  The  city 
may  maintain  an  action  to  restrain  by  injunction  a  violation  of  any  ordi¬ 
nance  of  the  common  council  or  board  of  health,  notwithstanding  that  such 
ordinance  may  provide  a  penalty  for  such  violation, 

§  55.  Licensing  occupations.  If  an  ordinance  of  the  city  prohibits  the 
carrying  on  of  any  occupation  without  a  license  therefor,  the  common 
council  may  fix  the  fee  for  such  license  or  may  authorize  the  mayor 
to  fix  the  amount  of  such  fee  within  certain  minimum  and  maximum 
limits  to  be  prescribed  by  it.  Applications  for  such  licenses  must  be 
made  to  the  mayor  and  shall  be  granted  or  refused  by  him  in  his  discre¬ 
tion.  If  the  application  be  granted  the  mayor  shall  direct  the  city  clerk 
to  issue  the  license  upon  the  production  of  a  receipt  from  the  city  cham¬ 
berlain  for  the  amount  specified  by  the  mayor  as  the  fee  for  such  license, 
and  the  clerk  shall  thereupon  issue  such  license  accordingly.  The  cham¬ 
berlain  shall  credit  all  license  fees  received  by  him  to  the  contingent 
fund.  The  clerk  shall  keep  in  his  office  a  record  of  each  license,  the  per¬ 
son  to  whom  issued,  and  the  fee  paid  therefor. 

**§  56.  Repairs  of  streets  by  street  railways,  et  cetera.  The  common 


*  As  amended  by  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  326,  Laws  of  1916. 


27 


council  may  require  any  street  railway,  electric  railway,  railroad  or  other 
corporation  to  keep  each  street  through  which  its  road  may  pass,  and  the 
gutters,  drains  and  culverts  of  said  road  in  good  condition  and  repair,  to 
lay  or  relay  such  road,  or  any  portion  thereof,  in  accordance  with  the 
established  grade  of  said  street,  and  to  remove  without  unnecessary  delay 
all  incumbrances  and  obstructions  which  such  corporation  shall  have 
placed  or  caused  to  be  placed  upon  such  street;  and  if  such  corporation 
shall  refuse  or  neglect  to  do  any  of  the  acts  so  required  of  it,  after  being 
notified  to  do  the  same,  the  common  council  may  cause  the  same  to  be 
done  at  the  expense  of  such  corporation.  Nothing  in  this  act  shall  be  con¬ 
strued  to  require  any  street  or  electric  railway  company  to  repair  or 
keep  in  condition  any  street  through  which  its  road  may  pass,  except 
the  portion  thereof  covered  by  its  road  and  a  space  two  feet  in  width 
outside  of  and  adjoining  its  track  on  either  side.  If  it  becomes  necessary 
to  remove  snow  or  ice  from  any  such  street,  the  said  street  railroad 
company  shall  remove  the  snow  or  ice  thrown  out  by  it  from  its  track, 
and  said  space,  and  also  the  snow  and  ice  which  shall  be  upon  the  space 
upon  which  said  snow  or  ice  is  thrown  or  placed,  which  snow  and  ice 
shall  be  removed  at  such  times  and  in  such  manner  as  the  common 
council  shall  prescribe.  Nothing  herein  contained  shall  be  construed  to 
deprive  any  railroad  company  of  any  of  the  rights  or  privileges  now 
granted  or  which  may  be  hereafter  granted  by  the  general  railroad  laws 
of  the  state. 

*  §  57.  Official  newspapers.  The  common  council  shall,  at  its  first  meet¬ 
ing  in  each  official  year,  or  as  soon  thereafter  as  practicable,  fix  and  de¬ 
termine  the  legal  fees  per  folio  at  which  all  notices,  ordinances,  by-laws, 
rules  and  regulations  of  the  common  council,  board  of  education,  board  of 
water  commissioners,  board  of  health  and  officials  of  said  city,  and  such 
other  matters  as  the  common  council  may  direct  to  be  published  shall 
be  published  by  the  official  newspapers  of  said  city,  and  thereupon  shall 
designate  two  newspapers  published  in  or  having  a  general  circulation 
in  said  city,  in  which  the  same  shall  be  published  at  the  fees  so  pre¬ 
scribed.  Said  designation  shall  be  made  in  the  following  manner:  The 
members  of  the  common  council,  representing  respectively  each  of  the 
two  principal  political  parties  into  which  the  people  of  the  city  are  divided, 
or  a  majority  of  the  members  of  the  common  council  representing  respec¬ 
tively  each  of  such  political  parties,  shall  designate,  in  writing,  a  paper 
fairly  representing  the  political  party  to  which  they  respectively  belong, 
and  such  designation  shall  be  signed  by  the  members  making  it,  and 
filed  with  the  city  clerk,  and  the  two  newspapers  so  designated  shall  be 
the  official  newspapers  of  said  city.  In  case  the  members  of  the  common 
council,  representing  each  of  the  two  principal  political  parties  into  which 


As  amended  by  Chap.  326,  Laws  of  1916. 


28 


the  people  of  the  city  are  divided,  or  a  majority  of  such  members,  cannot 
agree  upon  a  newspaper,  they  shall  make  a  report  to  that  effect  to  the  com¬ 
mon  council,  and  the  common  council  shall  thereupon,  by  resolution,  desig¬ 
nate  a  newspaper  fairly  representing  such  political  party.  In  case  e*ther  of 
the  two  principal  political  parties  into  which  the  people  of  the  city  are 
divided  is  without  representation  in  the  common  council,  the  common 
Council  shall  designate,  by  resolution,  a  newspaper  faily  representing  such 
political  party.  The  newspapers  so  designated  shall  be  the  official  news¬ 
papers  of  the  city  for  the  ensuing  official  year  for  the  purposes  aforesaid, 
and  until  the  next  annual  designation,  provided  said  newspapers  shall  agree 
to  and  with  said  common  council  to  make  the  aforesaid  publications  at 
the  fees  prescribed  by  the  common  council.  In  case  either  or  both  of  said 
newspapers  shall  refuse  to  make  such  publications  at  the  rates  so  fixed 
then  other  designations  shall  be  made  as  in  this  section  provided.  The 
affidavit  of  the  publisher  or  proprietor  of  an  official  newspaper,  or  of  the 
bookkeeper  or  foreman  in  charge  of  the  publication  of  said  newspaper, 
shall  be  presumptive  evidence  of  the  fact  of  such  publication. 

§  58.  Old  cemetery  grounds.  The  common  council  shall  have  the 
general  charge,  custody  and  control  of  the  old  cemetery  grounds  situate 
on  Green  street,  in  said  city,  and  are  hereby  authorized,  empowered  and 
directed  to  erect,  maintain  and  keep  in  proper  repair  the  fences  around 
the  same,  to  build,  maintain  and  keep  in  proper  repair  the  sidewalks 
along  the  same,  to  straighten  up  and  reset  the  grave-stones  and  keep  the 
grounds  generally  in  good  shape  and  condition,  and  the  expense  thereof 
shall  be  paid  from  the  contingent  fund  of  the  city. 


ARTICLE  IV. 


CHAMBERLAIN;  FINANCE:  TAX  BUDGET  AND  BONDS. 


Section  60. 

61. 

62. 

63. 

64. 

65. 

66. 

67. 

68. 
69. 


General  powers  and  duties  of  the  chamberlain. 

Official  bond  of  chamberlain. 

Deposit  of  city  moneys. 

Accounts  of  chamberlain. 

Maintenance  of  city  government;  funds  from  which  expen¬ 
ditures  are  payable. 

Annual  report  and  estimate  by  officers. 

Annual  estimate  by  mayor;  determination  of  amount  of  annu¬ 
al  levy. 

Purposes  of  tax  levy;  designation  of  funds. 

Johnstown  Public  Library. 

Subdivisions  of  funds;  transfers  from  one  fund  to  another. 


29 


70.  Payments  from  and  into  contingent  fund. 

71.  Liquor  tax  moneys. 

72.  Temporary  loans  for  current  expenses. 

73.  Submission  of  propositions  at  city  elections. 

74.  Issue  of  bonds. 

75.  Audit  of  claims  by  the  common  council  and  payment  thereof. 

76.  Unauthorized  contracts  or  expenditures. 

77.  Recovery  from  officers  of  amount  of  city  debts  contracted 

without  authority. 

78.  All  moneys  to  be  paid  chamberlain  within  ten  days. 

*  §  60.  General  powers  and  duties  of  the  chamberlain.  The  chamberlain 
shall  be  the  fiscal  officer  of  the  city  and  shall: 

1.  Keep  an  office  at  such  place  in  the  city  building  as  the  common 
council  shall  provide  and  designate,  which  shall  be  kept  open  daily,  ex¬ 
cept  Sundays  and  legal  holidays,  from  eight  to  twelve  o’clock  in  the  fore¬ 
noon,  and  from  one  to  five  o’clock  in  the  afternoon,  and  at  such  other 
hours  as  the  common  council  may  from  time  to  time  direct; 

2.  Keep  separate  accounts  of  the  different  funds  of  the  city  and  of 
every  warrant  drawn  upon  such  fund  and  he  shall  not  knowingly  pay  or 
authorize  to  be  paid  out  money  from  any  fund  which  is  not  properly 
chargeable  thereto; 

3.  At  the  first  regular  meeting  of  the  common  council  in  each  month, 
held  after  the  first  day  of  each  month,  file  with  the  city  clerk  a  report 
showing  in  detail  the  total  expenditures  and  receipts  of  city  moneys  dur¬ 
ing  the  next  preceding  calendar  month,  a  summary  statement  of  the  re¬ 
ceipts  and  expenditures  of  city  moneys  during  that  portion  of  the  current 
fiscal  year  expiring  with  the  last  day  of  such  preceding  month,  and  the 
balance  at  the  end  of  such  month  standing  to  the  credit  of  each  of  the 
city  funds.  Such  statement  shall  be  in  such  form  as  shall  be  prescribed 
from  time  to  time  by  the  common  council.  He  shall,  at  the  first  regular 
meeting  of  the  board  of  water  commissioners  and  of  the  board  of  educa¬ 
tion  in  each  month,  held  after  the  first  day  of  the  month,  file  a  similar 
report  in  reference  to  the  water  and  school  funds.  An  abstract  of  such 
reports  shall  be  published  once  in  each  month  in  the  official  newspapers. 

4.  Receive  personally  all  state  and  county,  city,  school  and  local  taxes 
and  assessments,  and  water  rents  which  may  be  paid  at  his  office,  and  re¬ 
tain  there  and  not  elsewhere,  the  possession  of  the  warrants  and  assess¬ 
ment  rolls  which  may  from  time  to  time  be  delivered  to  him  by  the  super¬ 
visors  or  clerk  of  the  city; 

5.  Enter  daily  in  suitable  books  all  sums  of  money  received  by  him 


*  As  amended  by  Chap.  660,  Laws  of  1910. 


30 


for  taxes  or  otherwise,  with  the  name  of  the  person  or  corporation  on 
whose  account  the  same  shall  be  paid,  and,  at  the  expiration  of  each 
month  exhibit  the  same  in  his  office  to  the  mayor  and  finance  committee 
of  the  common  council  and  to  the  proper  officers  or  committees  of  the 
board  of  water  commissioners  and  board  of  education,  for  inspection; 

6.  Enter  in  a  column  in  the  assessment  rolls  in  his  possession  opposite 
the  names  of  the  persons  or  corporations  who  shall  pay  their  taxes  or 
assessments,  the  fact  of  payment,  the  amount  thereof,  and  the  date  when 
paid; 

7.  Keep  a  record  of  all  persons,  and  their  respective  addresses,  who 
may  pay  taxes  for  non-residents  of  said  city,  and  the  addresses  of  such 
non-residents,  so  far  as  he  can  ascertain  the  same; 

8.  Settle  with  the  common  council  annually,  and  as  much  often- 
er  as  it  may  require,  for  all  tax  rolls  and  warrants  issued  to  him  by  the 
board  of  supervisors  of  Fulton  county,  and  for  all  moneys  received  or 
collected  by  him  for  school  or  other  purposes,  and  produce  the  proper 
vouchers  of  the  board  of  education  and  other  boards  and  officers  for  all 
money  paid  upon  the  warrants,  drafts  or  orders  of  said  boards  or  officers; 

9.  Have  the  custody  of  all  securities,  obligations  and  other  evidences 
of  debt  belonging  to  the  city; 

10.  Perform  such  other  duties  incident  to  his  office,  as  the  common 
council  may  require. 

*  §  61.  Official  bond  of  chamberlain.  Before  entering  upon  the  duties  of 
his  office,  and  on  or  before  the  fifteenth  day  of  January  of  the  year  in 
which  his  official  term  shall  commence,  the  city  chamberlain  shall  execute 
and  file  an  official  bond  for  such  term  which  shall  be  procured  from  some 
solvent  surety  company,  in  the  penal  sum  of  twenty-five  thousand  dollars, 
in  accordance  with  the  public  officers  law;  for  his  omission  so  to  do  he 
shall  be  subject  to  the  penalties  and  liabilities  prescribed  by  the  penal  law, 
and  the  public  officers  law.  The  expense  of  procuring  such  bond  shall  be 
audited  and  paid  out  of  the  contingent  fund.  Such  bond  shall  be  approved 
by  the  common  council  and  a  certificate  by  the  city  clerk  of  such  approval 
shall  be  endorsed  thereon.  The  bond  so  endorsed  shall  be  filed  and  re¬ 
corded  in  the  clerk’s  office  of  the  county  of  Fulton  in  the  same  manner 
as  the  official  bonds  of  town  collectors,  and  such  bond  shall  be  a  lien  on  all 
property  of  such  chamberlain,  until  the  conditions  of  such  bond,  together 
with  all  the  costs  and  charges  which  may  accrue  upon  the  prosecution 
thereof,  shall  be  fully  satisfied.  Upon  the  full  satisfaction  of  the  con¬ 
ditions  of  such  bond  the  common  council  shall,  by  resolution,  declare 
that  such  bond  is  satisfied,  and  a  copy  of  such  resolution,  duly  certified 
by  the  city  clerk,  may  be  filed  and  recorded  in  the  office  of  said  counts' 
clerk,  and  shall  operate  to  discharge  the  same  and  the  lien  thereof  from 


*  As  amended  by  Chap.  660,  Haws  of  1910,  and  Chap.  326,  Laws  of  1916. 


31 


record.  A  true  copy  of  such  bond  and  certificate  shall  be  filed  in  the 
city  cierk’s  office. 

*  §  62.  Deposit  of  city  moneys.  The  city  chamberlain  shall  deposit  all 
moneys  received  by  him  belonging  to  said  city  in  some  solvent  bank  or 
banks  of  said  city  to  the  credit  of  the  city  and  to  the  credit  of  either  the 
city,  school  or  water  fund,  or  state  and  county  tax  fund,  as  may  be  proper 
under  the  provisions  of  this  act,  and  shall  make  such  deposits  daily,  and 
within  twenty-four  hours  after  the  close  of  each  day’s  business;  except 
that  he  may  retain  in  his  hands  at  all  times  not  more  than  one  hundred 
dollars  for  the  convenient  transaction  of  business.  No  bank  shall  act 
as  such  depository  until  it  has  executed,  delivered  and  filed  in  the  office 
of  the  city  chamberlain  a  bond  or  undertaking  to  the  city  of  Johnstown 
in  the  penal  sum  of  ten  thousand  dollars,  with  two  or  more  sureties  to 
be  approved  by  the  mayor,  conditioned  for  the  safe  keeping  and  prompt 
payment,  upon  legal  demand  therefor,  of  all  such  moneys  held  by  or  on 
deposit  in  such  bank.  The  city  chamberlain  and  his  sureties  shall  be 
relieved  from  further  responsibility  for  the  moneys  thus  deposited  by  the 
city  chamberlain  in  the  banks  which  have  given  such  security.  Each 
bank  so  designated  as  a  depository  shall  render  an  account  of  all  the 
moneys  of  the  city  on  deposit  therein  to  the  credit  of  any  such  funds,  and 
of  all  warrants  drawn  thereupon,  to  the  common  council,  the  board  of 
water  commissioners,  and  the  board  of  education,  before  the  first  regular 
meeting  thereof,  held  after  the  first  day  of  each  month.  Such  bank  shall 
return  such  warrants  to  the  city  chamberlain,  who  shall  file  the  same  in 
his  office,  and  preserve  the  same  in  such  manner  as  may  be  directed  by 
the  common  council,  the  board  of  water  commissioners,  and  the  board  of 
education,  respectively. 

§  63.  Accounts  of  chamberlain.  The  common  council  shall  examine 
the  accounts  of  the  chamberlain  from  time  to  time,  or  cause  them  to  be 
examined,  and  may  prescribe  the  manner  of  paying  out  and  accounting 
for  moneys  received  by  him  belonging  to  the  city  in  all  cases  not  provided 
for  by  this  act. 

§  64.  Maintenance  of  oity  government;  funds  from  which  expenditures 
are  payable.  The  common  council  shall:  — 

1.  Provide  for  lighting  the  streets  and  public  places  of  the  city,  the 
expenses  of  which  shall  be  payable  from  the  lighting  fund; 

2.  Provide  for  the  construction,  maintenance,  improvement,  repair  and 
cleaning  of  the  streets,  side -walks  and  cross-walks,  culverts,  bridges  and 
gutters  of  the  city,  for  the  maintenance  of  the  public  grounds  and  parks, 
and  for  paving,  macadamizing',  and  sprinkling  the  streets,  the  city’s  share 
of  which  expenditure  shall  be  payable  from  the  street  fund; 

3.  Provide  for  the  construction,  maintenance,  improvement,  repair  and 


*  As  amended  by  Chap.  660,  Laws  of  1910,  and  Chap.  326,  Laws  of  1916. 


32 


cleaning  of  the  sewers  of  the  city,  the  city’s  share  of  which  expenditures 
shall  be  payable  from  the  sewer  fund; 

4.  Provide  for  the  maintenance  of  the  fire  department,  the  expenses 
of  which  shall  be  payable  from  the  fire  fund; 

5.  Provide  for  the  maintenance  of  the  police  department,  the  expenses 
of  which  shall  be  payable  from  the  police  fund; 

6.  Furnish  the  officers  of  the  city  with  necessary  office  room,  office 
furniture,  books  and  stationery; 

7.  Keep  in  proper  repair  the  public  buildings  of  the  city; 

8.  Require  any  officer  of  the  city  to  furnish  reports,  information  or 
estimates  whenever  deemed  proper  by  it; 

9.  Employ  such  employes*  as  it  may  deem  necessary  to  execute  the 
work  which  it  is  authorized  or  required  to  cause  to  be  executed,  and  fix 
their  compensation. 

All  expenditures  made  or  incurred  by  the  common  council  not  charge¬ 
able  under  this  act  to  any  other  city  fund,  shall  be  payable  from  the 
contingent  fund.  All  expense  incurred  for  each  local  improvement  which 
is  chargeable  to  neighboring  property  owners  and  collectible  by  local 
assessment,  if  advanced  by  the  city  in  anticipation  of  the  collection  of  a 
local  assessment,  shall  be  payable  from  the  contingent  fund.  Moneys 
raised  by  a  special  tax  or  by  the  sale  of  bonds  for  a  specified  purpose 
shall  be  set  apart  as  a  separate  fund  and  shall  not  be  included  in  any 
of  the  funds  mentioned  in  this  section,  and  payments  therefrom  shall 
only  be  made  for  the  specific  purpose  for  which  they  were  raised. 

§  65.  Annual  report  and  estimates  by  officers.  The  chamberlain  shall 
on  or  before  the  fifteenth  day  of  January  in  each  year  deliver  to  the 
mayor  a  report  of  all  expenditures  from  each  of  the  funds  of  said 
city  mentioned  in  section  sixty-seven,  and  from  the  poor  fund,  during  the 
next  preceding  fiscal  year,  showing  separately  and  by  items,  the  amount 
expended  from  each  such  fund  and  the  balance  standing  to  the  credit 
of  such  fund  at  the  close  of  the  next  preceding  fiscal  year.  He  shall  also 
report  an  estimate  of  the  amount  which,  in  his  judgment,  will  probably 
need  to  be  expended  from  each  of  such  funds  during  the  current  fiscal 
year;  a  statement  in  detail  of  all  judgments  against  the  city  then  remain¬ 
ing  unpaid;  an  itemized  statement  of  the  principal  and  interest  on  all 
bonded  or  other  indebtedness  of  the  city  that  will  fall  due  during  the 
current  fiscal  year;  a  statement  in  detail  of  the  amount  of  unpaid  taxes 
and  local  assessments  theretofore  assessed  and  remaining  unpaid,  and 
the  amount  which,  in  his  judgment,  will  probably  be  received  by  the 
city  therefrom  during  the  current  fiscal  year;  all  expenditures  made  or 
incurred  by  the  city  and  chargeable  to  property  owners  or  other  persons 
and  remaining  unpaid,  and  the  amount  which,  in  his  judgment,  will 
probably  be  received  from  the  city  therefrom  during  the  current  fiscal 


*  So  in  original. 


33 


year;  the  amount  which,  in  his  judgment,  will  probably  be  received  by 
the  city  as  fees  for  licenses  during  the  current  fiscal  year;  the  amount 
of  fees  received  by  him  from  the  city  clerk  for  certified  copies  of  papers 
and  services  as  clerk  and  registrar  of  the  board  of  health  and  tor  other 
services  during  the  preceding  fiscal  year,  and  the  amount  of  such  fees 
that  will,  in  his  judgment,  probably  be  received  by  him  for  such  fees 
during  the  current  fiscal  year;  the  amount  of  moneys  received  by  him 
from  the  recorder  for  fines  and  penalties  paid  during  the  next  preceding 
fiscal  year,  and  an  estimate  of  all  other  probable  receipts  and  expendi¬ 
tures  of  the  city  for  said  funds  during  the  current  fiscal  year.  The  record¬ 
er  shall  deliver  to  the  mayor  on  or  before  the  fifteenth  day  of  January 
in  each  year,  a  report  of  all  moneys  received  by  him  for  fines  and  pen¬ 
alties  during  the  next  preceding  fiscal  year.  The  city  clerk  shall  deliver 
to  the  mayor  on  or  before  the  fifteenth  day  of  January  in  each  year  a 
report  of  all  moneys  received  by  him  for  certified  copies  of  papers,  for 
fees  for  services  rendered  as  clerk  and  registrar  of  the  board  of  health 
and  for  all  other  fees  received  by  him  as  city  clerk  during  the  next 
preceding  fiscal  year  and  an  estimate  of  the  amount  of  such  fees  that  will 
probably,  in  his  judgment,  be  received  by  the  city  clerk  during  the  cur¬ 
rent  fiscal  year.  The  mayor  may  require  further  or  more  detailed  financ¬ 
ial  reports  from  any  of  such  officers. 

§  66.  Annual  estimate  by  mayor;  determination  of  amount  of  annual 
levy.  The  mayor  of  the  city  shall,  on  or  before  the  first  day  of  Feb¬ 
ruary  in  each  year,  present  to  the  common  council  his  estimate  of 
the  amount  by  him  deemed  necessary  to  be  raised  by  taxes  in  the 
annual  city  tax  levy  for  the  current  fiscal  year  for  each  of  the  city  funds 
mentioned  in  section  67,  and  for  principal  and  interest  on  all  bonds 
issued  by  said  city,  or  for  which  it  may  become  liable,  falling  due  within 
the  current  fiscal  year;  the  total  amount  deemed  by  him  necessary  to 
be  raised  by  taxes  in  such  annual  city  tax  levy,  and  the  amount  which, 
in  his  judgment,  will  probably  be  received  by  the  city  during  the  current 
fiscal  year  from  all  other  sources  than  the  annual  city  tax  levy,  specifying 
the  amount  from  each  source  by  items.  He  shall  at  or  before  the  time 
of  presenting  such  estimate  file  with  the  city  clerk  the  reports  delivered 
to  him,  in  pursuance  of  the  preceding  section.  The  common  council  shall, 
on  or  before  the  fifteenth  day  of  February  in  each  year,  consider  such 
estimate,  and  may  revise  such  estimate  for  all  funds  by  increasing  or 
reducing  the  amount  of  the  mayor’s  estimate  therefor,  and  shall  finally 
determine  the  amount  to  be  included  in  the  annual  city  tax  levy  for  the 
current  fiscal  year  for  each  such  fund,  and  shall  finally  determine  the 
tota.1  amount  to  be  raised  by  taxes  in  the  annual  city  tax  levy  for  the 
current  fiscal  year,  which  shall  not  exceed  the  amount  limited  therefor  by 
this  act.  Such  determination  shall  be  subject  to  the  veto  of  the  mayor, 
and  subject  to  be  passed  over  his  veto,  as  in  this  act  provided. 


34 


*  §  67.  Purposes  of  tax  levy;  designation  of  funds.  The  common  council 
of  the  city  may  raise  by  tax  upon  the  real  and  personal  property  and 
public  franchises  assessable  in  the  city,  in  each  year,  certain  amounts 
which  shall  be  estimated  and  designated  each  year  for  the  following 
purposes: 

a.  For  the  payment  of  the  expenses  of  the  police  department,  includ¬ 
ing  the  salary  of  the  recorder,  and  the  sauries  of  the  officers  of  said  de¬ 
partment,  to  be  designated  the  police  fund. 

b.  For  paving,  repairing  and  keeping  in  order  the  highways,  streets, 
crosswalks,  gutters,  lanes,  public  places  and  grounds  of  said  city,  for 
the  services  of  the  superintendent  of  streets  and  his  assistants,  the  erec¬ 
tion  and  maintenance  of  bridges  and  culverts,  and  other  expenses  relat¬ 
ing  to  the  streets  and  highways,  to  be  designated  the  street  fund. 

c.  A  sum  necessary  for  defraying  the  expenses  of  supplying  and  keep¬ 
ing  in  good  condition  and  repair  the  engine  houses,  hose  carts,  hook  and 
ladder  carts,  fire  alarm  telegraph  and  other  apparatus  deemed  necessary 
for  the  extinguishment  of  fires,  and  for  paying  the  salaries  and  wages  of 
officers  and  employees  of  the  fire  department,  to  be  designated  the  fire 
fund. 

d.  A  sum  necessary  for  defraying  the  expenses  of  constructing,  re¬ 
pairing  and  keeping  in  order  the  sewers,  to  be  designated  the  sewer  fund. 

e.  A  sum  necessary  for  the  lighting  of  the  streets  and  public  buildings 
of  said  city,  and  the  cost  and  expenses  of  maintaining  and  keeping  in 
repair  the  lamps  and  lamp-posts  and  all  necessary  fixtures  connected 
therewith,  to  be  designated  the  lighting  fund. 

f.  A  sum  necessary  for  defraying  the  general  and  contingent  expenses 
of  the  city,  for  the  payment  of  the  salaries  of  officers  not  otherwise  pro¬ 
vided  for,  and  all  other  expenses  not  otherwise  provided  for,  to  be  des¬ 
ignated  the  contingent  fund. 

The  aggregate  for  the  annual  tax  levy  for  all  purposes  in  this  section 
above  specified  shall  not  exceed  the  rate  of  one  per  centum  of  the  assessed 
valuation  of  the  real  and  personal  property  and  public  franchises  liable 
to  taxation  in  said  city,  as  the  same  shall  appear  from  the  assessment- 
roll  of  said  city  for  the  current  year.  In  addition  to  the  amounts  which 
shall  be  included  in  the  annual  tax  levy  for  the  foregoing  purposes, 
there  shall  also  be  included  therein  such  additional  sums  as  are  necessary 
to  pay  the  portion  of  the  expenses  charged  to  the  city  at  large  for  im¬ 
provements  made  or  under  process  of  construction  pursuant  to  section 
one  hundred  and  twenty-three  of  this  act,  including  interest  thereon,  and 
for  the  payment  of  any  installment  of  such  expenses,  with  interest  there¬ 
on,  which  may  be  or  has  been  deferred  by  the  common  council  as  pro¬ 
vided  by  law;  such  additional  moneys,  so  raised,  shall  be  credited  to 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


35 


the  street  fund  and  shall  be  used  for  the  payment  of  such  improvements. 
There  shall  also  be  included  therein  such  amount  as  shall  be  necessary 
to  meet  the  principal  and  interest  on  bonded  and  other  indebtedness  of 
the  city  falling  due  during  the  fiscal  year  for  which  the  tax  is  levied, 
and  to  meet  all  indebtedness  remaining  unpaid  on  all  judgments  against 
the  city,  and  such  further  sums  as  shall  have  been  voted  at  an  annual 
city  election,  or  at  a  special  city  election  called  for  the  purpose. 

*  §  68.  Johnstown  public  library.  The  Johnstown  public  library,  in¬ 
corporated  under  the  university  law  for  the  establishment  and  mainten¬ 
ance  of  a  free  public  library  in  the  city  is  hereby  continued.  Andrew 
Carnegie  having  donated  to  the  city  twenty- five  thousand  dollars  for  a 
free  public  library  building  on  condition  that  two  thousand  five  hundred 
dollars  be  annually  raised  by  tax  for  the  maintenance  and  extension  of 
such  library,  the  sum  of  two  thousand  five  hundred  dollars  shall  be 
annually  raised  by  tax  and  appropriated  for  the  maintenance  and  ex¬ 
tension  of  the  Johnstown  public  library.  The  chamberlain  shall,  on  or 
before  the  first  day  of  July  in  each  year,  pay  to  the  treasurer  of  the 
Johnstown  public  library  the  said  sum  of  two  thousand  five  hundred 
dollars,  together  with  such  additional  sums  as  may  be  raised  as  is  here¬ 
inafter  provided,  which  shall  be  expended  by  the  trustees  of  such  library 
for  its  maintenance  and  extension.  The  common  council,  including  the 
mayor,  may,  by  a  two-thirds  vote,  increase  the  sum  above  provided  for, 
in  any  year,  but  cannot  decrease  the  same. 

**§  69.  Subdivision  of  funds;  transfers  from  one  fund  to  another.  Ex¬ 
cept  as  otherwise  provided  in  this  act,  the  funds  of  the  city  shall  be 
subdivided  into  the  several  funds  as  designated  in  section  sixty-seven 
of  this  act,  and  in  amounts  or  proportions  as  determined  upon  therefor 
by  the  common  council  pursuant  to  section  sixty-six  of  this  act.  No 
transfer  of  money  from  one  city  fund  to  another  shall  be  authorized  or 
made  except  that  the  common  council  may,  at  the  close  of  the  fiscal 
year,  by  resolution  direct  the  transfer  of  surplus  moneys  in  the  poor 
fund  to  any  other  fund,  and  the  city  chamberlain  shall  restate  his  ac¬ 
counts  of  the  funds  so  changed  accordingly.  The  expenditures  from  any 
fund  shall  be  limited  to  the  amount  standing  to  the  credit  of  that  fund 
upon  the  books  of  the  city  chamberlain  unless  a  different  and  greater 
expenditure  is  authorized  at  a  special  city  election. 

§  70.  Payments  from  and  into  contingent  fund.  Except  as  herein 
otherwise  provided,  all  moneys  belonging  to  said  city  shall  be  paid  to 
the  chamberlain  thereof  and  deposited  to  the  credit  of  the  contingent 
fund;  and  all  payments  of  money  made  by  said  city,  or  by  any  board 
or  officer  thereof,  when  authorized  by  or  in  pursuance  of  law,  and  the 


*  As  amended  by  Chap.  326,  Laws  of  1916. 

**  As  amended  by  Chap.  671,  Laws  of  1907. 


36 


fund  from  which  such  payment  is  to  be  made  is  not  otherwise  designated, 
shall  be  made  from  the  contingent  fund. 

8  71.  Liquor  tax  moneys.  The  moneys  received  by  the  city  of  Johns¬ 
town  from  the'  issuance  of  liquor  tax  certificates  shall  be  paid  to  the 
chamberiain  to  tne  credit  of  the  poor  fund  of  the  city. 

*  §  72.  1  emporary  loans  for  current  expenses.  Whenever  the  common 

council  shall  have  determined  the  amount  of  the  annual  city  tax  levy  for 
the  several  city  funds,  or  whenever  a  local  improvement  shall  have  been 
authorized,  payable  by  local  assessment,  it  shall  have  authority  to  auth¬ 
orize  the  chamberlain  to  borrow  upon  the  faith  and  credit  of  the  city, 
so  much  of  the  amount  so  included  in  such  annual  city  tax  levy,  or  so 
much  of  the  estimated  cost  of  such  local  improvement,  as  estimated  by 
the  city  engineer,  as  may  be  actually  necessary  to  meet  the  current  ex¬ 
penses  of  the  city,  or  to  meet  the  cost  of  such  local  improvement,  and 
the  amount  so  borrowed  shall  be  repaid  from  the  moneys  raised  by  said 
annual  tax  levy  or  said  local  improvement  assessments. 

**§  73.  Submission  of  proposition  at  city  elections.  The  common  council 
may  submit  to  the  electors  of  the  city,  at  an  annual  or  special  election, 
a  proposition  for  the  purchase  by  the  city  of  real  property,  the  con¬ 
struction  by  the  city  of  a  new  building  or  buildings,  or  for  any  other 
special  purpose.  Such  proposition  shall  specify  the  amount  to  be  raised, 
the  purpose  to  which  such  amount  is  to  be  applied  and  whether  such 
amount  shall  be  raised  by  tax  in  one  year,  or  by  the  issue  of  bonds, 
payable  at  such  time  or  times  as  shall  be  specified  therein. 
Notice  that  such  proposition  will  be  submitted  at  such  election  shall  be 
published  in  the  official  newspapers  of  the  city  at  least  once  a  week  for 
three  successive  weeks  prior  to  the  holding  of  such  election,  which  notice 
shall  specify  the  form  of  ballot  for  and  against  such  proposition  to  be 
used  at  such  election.  If  a  majority  of  the  electors  voting  on  such 
proposition,  at  such  city  election,  shall  vote  in  favor  of  such  proposition, 
the  amount  so  voted  shall  be  raised  by  tax  in  one  year,  in  addition  to 
the  amount  otherwise  authorized  by  law  to  be  raised  by  tax  in  such  year; 
or  by  the  issue  of  bonds  in  accordance  with,  such  proposition.  If  such 
proposition  as  adopted  requires  the  issue  of  bonds,  the  common  council 
shall  authorize  the  mayor  to  execute  bonds  of  the  city  in  such  amounts, 
and  payable  at  such  times  as  such  proposition  shall  require.  A  special 
city  election  held  pursuant  to  this  section,  may,  in  the  direction  of  the 
common  council,  be  held  at  one  or  more  polling  places  to  be  designated 
by  said  council,  and  said  council  shall  designate  the  inspectors  and  the 
number  of  the  same  for  each  polling  place,  for  holding  such  special  city 
election,  from  the  inspectors  residing  in  the  ward  in  which  the  polling 


*  As  amended  by  Chap.  326,  Laws  of  1916. 

**  As  amended  by  Chap.  660,  Laws  of  1910. 


37 


place  is  located.  The  polls  of  such  an  election  shall  be  opened  at  ten 
o  clock  ante  meridian  and  closed  at  four  o’clock  post  meridian.  The 
inspectors  at  the  polling-  place  or  polling  places  designated  by  the  com¬ 
mon  council  shall  canvass  the  votes  received  immediately  after  the  close 
of  the  pools,  and  shall  thereupon  make  a  certificate  signed  by  them,  or 
by  two  of  them,  stating  the  whole  number  of  votes  cast  at  the  polling 
place  presided  over  by  them,  the  number  of  votes  for  the  proposition 
and  the  number  of  votes  against  the  same,  and  shall  forthwith  deliver 
such  certificate  to  the  city  clerk.  The  certificate  shall  be  delivered  by 
the  city  clerk  to  the  common  council  at  its  next  meeting,  and  the  council 
shall  cause  the  result  of  the  election  thus  certified  to  be  entered  in  its 
minutes. 

§  74.  Issue  of  bonds.  Unless  otherwise  provided  in  this  act  bonds 
or  other  obligations  of  the  city  shall  be  made  payable  within  twenty 
years  after  their  respective  issues  and  may  be  made  payable  in  equal 
annual  installments  as  near  as  may  be.  Interest  on  such  bonds  shall 
be  payable  semi-annually  at  a  rate  not  exceeding  five  per  centum  per 
annum.  They  shall  be  sold  on  sealed  proposals  or  at  public  auction 
upon  notice  published  in  the  official  newspapers  for  at  least  three  weeks 
prior  to  the  time  of  such  sale  or  the  opening  of  such  proposals.  They 
shall  be  awarded  to  the  highest  bidders  at  not  less  than  par  and  accrued 
interest.  The  bonds  shall  be  consecutively  numbered  from  one  to  the 
highest  number  issued,  and  the  chamberlain  shall  keep  a  record  of  the 
number  of  each  bond  or  obligation,  its  date,  amount,  rate  of  interest, 
when  and  where  payable,  and  the  purchaser  thereof,  or  the  person  to 
whom  issued. 

*  §  75.  Audit  of  claims  by  the  common  council  and  payment  thereof. 

All  claims  and  accounts  against  said  city  of  whatever  nature,  except 
such  as  may  lawfully  be  made,  incurred  and  paid  by  the  board  of  water 
commissioners,  or  the  board  of  education  of  said  city,  shall  be  presented 
to  the  common  council  for  audit,  and  the  same  shall  be  referred  to  a 
standing  committee  thereof  to  be  called  the  committee  on  auditing  ac¬ 
counts.  It  shall  be  the  duty  of  said  committee  to  inquire  into  such  claims 
or  accounts,  and  they  may  take  proofs  on  oath  in  relation  thereto,  and 
shall  report  thereon  to  the  common  council,  with  their  reasons,  and  the 
common  council  shall  then  hear,  examine  and  determine  the  same.  The 
common  council  may  prescribe  the  form  of  affidavit  to  be  sworn  to  and 
annexed  to  bills  against  the  city.  The  accounts  and  claims  so  audited 
shall  be  paid  by  the  chamberlain  on  the  warrant  of  the  mayor,  counter¬ 
signed  by  the  city  clerk,  specifying  the  amount  so  audited  and  fund  from 
which  it  is  payable.  The  clerk  shall  keep  a  record  of  every  such  warrant. 

§  76.  Unauthorized  contracts  or  expenditures.  No  city  officers  or 

*  As  amended  by  Chap.  326,  Laws  of  1916. 


38 


other  person  shall  make  any  purchase  in  behalf  or  on  the  credit  of  the 
city,  or  contract  any  debts  or  liabilities  against  the  city  unless  author¬ 
ized  so  to  do  by  law.  No  account,  claim  or  demand  of  any  kind  against 
the  city  shall  be  audited,  allowed  or  paid  unless  so  authorized.  If  a  city 
officer  shall  vote  for  any  appropriation  or  for  the  payment  or  expenditure 
of  moneys  not  authorized  by  law  such  officer  shall  be  liable  to  a  penalty 
of  one  hundred  dollars  to  be  recovered  by  the  city  in  a  civil  action,  and 
shall  be  guilty  of  a  misdemeanor.  If  the  common  council  or  any  city 
board  shall  authorize  an  expenditure  of  money  by  the  city  for  any  pur¬ 
pose  exceeding  the  amount  authorized  by  law  to  be  expended  for  such 
purpose,  the  members  of  such  council  or  board  voting  for  such  expen¬ 
diture  shall  be  personally  liable  for  the  amount  thereof,  but  the  city 
of  Johnstown  shall  not  be  liable  therefor,  and  neither  the  common  coun¬ 
cil  nor  any  city  board  or  city  officer  shall  pay  any  debt  or  expenditure 
so  contracted  or  made. 

§  77.  Recovery  from  officers  of  amount  of  city  debts  contracted 
without  authority.  It  shall  be  the  duty  of  the  common  council,  within 
twenty  days  after  the  commencement  of  each  official  year,  to  ascertain 
the  amount  of  debts  contracted  by  the  common  council  for  the  next 
preceding  fiscal  year  or  by  any  other  city  board  or  officers.  If  such 
indebtedness  shall  exceed  the  amount  authorized  by  law  the  common 
council  shall  make  a  statement  of  such  facts,  showing  the  amount 
of  such  debts  so  contracted  and  the  amount  thereof  unauthorized  by  law, 
which  statement  shall  be  signed  by  the  mayor  or  presiding  officer  of  the 
common  council  and  the  aldermen  present  at  such  meeting  and  shall  be 
entered  in  the  minutes  of  the  common  council;  and  the  common  council 
shall  thereupon  cause  an  action  to  be  brought  in  the  name  of  the  city 
to  recover  such  unauthorized  amount  thereof  against  the  several  aider- 
men  or  officer  who  voted  for  the  expenditure,  constituting  such  indebted¬ 
ness  or  any  portion  thereof,  and  against  the  mayor,  who  may  have  ap¬ 
proved  a  resolution  therefor,  and  such  money,  when  collected,  shall  be 
paid  into  the  city  treasury  for  the  benefit  of  those  entitled  thereto.  If 
any  city  officer  or  board  of  city  officers  shall  have  violated  any  of  the 
provisions  of  section  seventy-six  of  this  act  and  the  common  council  fail 
to  prosecute  or  commence  an  action  as  rec  uired  by  said  section  and  by 
this  section,  any  resident  taxpayer  of  the  city  of  Johnstown  may  bring 
any  such  violation  by  the  common  council  or  any  city  officer  to  the  notice 
of  the  district  attorney  of  the  county  of  Fulton,  by  serving  upon  him 
personally,  in  writing,  a  copy  of  such  sections,  together  with  proofs  of  the 
violation  thereof  and  of  the  failure  of  the  common  council  to  act  as  pro¬ 
vided  in  this  section.  It  shall  then  be  the  duty  of  the  district  attorney, 
at  the  first  session  or  meeting  of  the  grand  jury,  held  thereafter,  to  lay 
before  such  grand  jury  the  information  and  evidence  furnished  him  as 
aforesaid,  together  with  such  other  facts  and  evidence  as  may  be  fur- 


39 


nished  him  or  may  be  procured  by  him,  for  such  action  as  the  grand 
jury  may  deem  just  and  proper  in  the  premises.  Any  failure  on  the  part 
of  the  said  district  attorney  to  perform  the  duty  imposed  upon  him  by 
this  section  shall  be  a  cause  for  his  removal  from  office. 

*  §  78.  All  moneys  to  be  paid  chamberlain  within  five  days.  All  officers 
or  other  persons  who  shall  receive  any  money  for  or  belonging  to  said  city, 
by  or  under  the  provisions  of  this  act,  or  otherwise,  shall,  within  five  days 
after  its  receipt,  pay  the  same  over  to  the  chamberlain  of  the  city  and 
take  his  receipt  therefor,  except  as  otherwise  provided  in  this  act. 

ARTICLE  V. 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 


Section  90. 

91. 

92. 

93. 

94. 

95. 

96. 

97. 

98. 

99. 
100. 
101. 
102. 

103. 

104. 
1G5. 
106. 

107. 

108. 

109. 

110. 


The  assessor. 

General  provisions  relating  to  assessments. 

Assessment  for  State  and  county  tax. 

Supervisors  to  apportion  state  and  county  charges,  floating 
and  bonded  indebtedness  of  the  town  of  Johnstown. 
Warrant  for  the  collection  of  county  and  State  tax. 

Payment  and  discharge  of  bonded  indebtedness  of  the  town  of 
Johnstown. 

Tax  notices;  payment  of  State  and  county  taxes;  fees. 
Collection  of  State  and  county  tax. 

Assessment  for  city  taxes. 

Levying  of  city  taxes. 

Warrant  for  collection  of  city  taxes. 

City  tax  notices;  payment  of  city  taxes;  fees. 

Collection  of  city  taxes. 

Unpaid  taxes;  revision  of  assessment  rolls. 

Completion  of  revised  assessment-roll  by  assessor. 

Certified  copy  of  revised  roll  to  be  filed;  limitation  of  liens 
Proceedings  by  chamberlain  in  the  collection  of  unpaid  taxes. 
Title  of  purchasers  at  sale. 

Redemption  from  tax  sale. 

Certificate  and  deed  to  purchaser. 

Reimbursement  to  purchaser  on  failure  of  title. 


As  amended  by  Chap.  326,  Laws  of  1916. 


40 


111.  Actions  for  collection  of  unpaid  tax. 

112.  Application  of  this  article  to  local  assessments. 

113.  Correction  of  manifest  errors. 

114.  Reassessment. 

115.  Surplus  on  sales. 

Section  90.  The  assessor.  The  assessor  shall  perform  all  the  duties 
required  of  him  by  this  act  in  relation  to  the  assessment  of  property  in 
said  city,  as  well  for  the  purpose  of  imposing  taxes  levied  by  the  board 
of  supervisors  of  Fulton  county  as  those  levied  by  the  common  council  of 
said  city,  and  to  that  end  he  shall  perform  all  the  duties  and  possess 
all  the  powers  and  authority  of  town  assessors,  except  as  modified  by 
this  act. 

§  91.  General  provisions  relating  to  assessments.  In  the  assessment 
of  any  lands  in  said  city  for  any  purpose,  it  shall  be  sufficient  to  state 
the  name  of  one  of  the  owners  or  occupants  of  said  land,  and  also  the 
street  and  number  of  any  building  thereon;  but,  if  the  land  be  vacant 
or  the  buildings  thereon  not  numbered,  then  the  name  of  the  street  on 
which  it  fronts  shall  be  given.  In  case  no  inhabited  building  is  on  the 
land,  the  owner  may  be  designated  as  unknown.  No  error  in  the  name 
of  the  owner  or  occupant  shall  invalidate  the  assessment.  During  the 
time  the  assessor  reviews  any  tax  or  assessment,  he  shall  have  power  to 
add  to  or  insert  in  such  assessment-roll  any  property  liable  to  assessment, 
and  the  valuation  thereof,  which  may  have  been  omitted  from  such  rolls, 
upon  giving  personal  notice  to  the  owner  of  such  property,  or  his  agent, 
at  least  two  days  prior  to  adding  the  same. 

§  92.  Assessment  for  State  and  county  tax.  The  assessor  of  said 
city  shall,  for  the  purpose  of  and  in  relation  to  the  assessment  for  the 
levy  and  collection  of  State  and  county  taxes  within  said  city,  possess 
all  the  powers  and  authority  which  assessors  of  a  town  have  in  relation 
to  the  assessment  for  levy  and  collection  of  State  and  county  taxes  within 
a  town,  and  the  provisions  of  the  Tax  Law  relating  to  assessments  in 
towns  shall  apply  to  such  assessment  except  as  otherwise  provided  in 
this  act.  He  shall  prepare  the  assessment-roll  for  said  city  and  a  dupli¬ 
cate  thereof  (both  of  which  shall  be  deemed  originals)  and  complete  the 
same  on  or  before  the  first  day  of  August  in  each  year,  and  thereupon, 
instead  of  proceeding  in  pursuance  of  the  general  laws,  he  shall  proceed 
as  follows:  He  shall,  forthwith,  upon  the  completion  of  such  assessment - 
rolls,  give  notice  that  he  has  completed  the  same  and  that  said  rolls 
have  been  left  at  the  office  of  the  city  clerk,  where  they  may  be  seen  and 
examined  by  any  person  interested,  until  the  third  Tuesday  in  August, 
and  that  on  that  date,  and  for  two  consecutive  days  thereafter,  the  said 
assessor  will  be  at  the  office  of  the  city  clerk  from  nine  to  twelve  in  the 


41 


forenoon,  and  from  two  to  four  and  seven  to  nine  o’clock  in  the  after¬ 
noon,  to  review  the  assessments.  Such  notice  shall  be  posted  in  at  least 
three  conspxcuous  places  in  each  ward,  and  shall  also  be  published  at  least 
once  in  each  of  the  official  newspapers  of  the  cAy,  at  least  ten  days 
beiore  such  third  Tuesday  of  August.  The  said  assessor  shall  attend, 
at  the  place  and  during  the  time  specified  in  such  notice,  and  review 
said  assessment  in  the  same  manner  as  assessors  of  towns,  and  during 
such  time  the  clerk’s  office  must  be  kept  open,  and  it  shall  be  the  duty 
of  the  city  clerk  to  personally  attend  thereat.  Said  assessor  shall,  at 
the  expiration  of  two  days  after  the  third  Tuesday  in  August,  cease  to 
correct  and  review  said  rolls,  and  on  or  before  the  first  day  of  Septem¬ 
ber  thereafter,  he  shall  deliver  the  same  completed  and  subscribed  and 
verified  according  to  law,  to  the  city  clerk,  and  the  city  clerk  shall  forth¬ 
with  file  the  same  in  his  office.  The  said  clerk  shall  deliver  the  dupli¬ 
cate  original  assessment-rolls,  on  or  before  the  first  day  of  October  there¬ 
after,  to  one  of  the  supervisors  of  said  city,  who  shall  deliver  the  same 
to  the  board  of  supervisors  of  the  county  of  Fulton,  as  and  for  the  as¬ 
sessment-rolls  of  said  city.  Said  board  of  supervisors  shall  have  the 
power  and  authority  to  examine  and  correct  such  assessment-rolls,  and 
to  equalize  the  values  therein  expressed,  as  it  has  or  may  have,  by  law, 
with  respect  to  the  assessment-rolls  of  towns  in  said  county. 

§  93.  Supervisors  to  apportion  State  and  county  charges,  floating 
and  bonded  indebtedness  of  the  town  of  Johnstown.  The  board  of 
supervisors  of  Fulton  county,  at  each  annual  session  so  long  as  the  pro¬ 
portional  share  of  the  bonded  indebtedness  of  the  original  town  of  Johns¬ 
town,  incurred  by  it  in  aid  of  the  Fonda,  Johnstown  and  Gloversville 
railroad,  chargeable  to  the  city  of  Gloversville,  remains  uncollected  and 
unpaid  by  said  city  of  Gloversville  to  the  railroad  commissioners  of  the 
town  of  Johnstown,  shall  fix  and  determine  the  proportional  share  or 
amount  of  such  bonded  indebtedness,  due  and  payable  for  the  current 
year  for  principal  and  interest,  to  be  paid  respectively  by  the  city  of 
Gloversville,  by  the  city  of  Johnstown,  and  by  the  town  of  Johnstown, 
not  included  within  the  boundaries  of  either  of  said  cities  in  the  follow¬ 
ing  manner:  The  amount  of  money  to  be  paid  by  each  of  said  cities  and 
by  said  town,  respectively,  shall  bear  such  proportion  to  the  whole 
amount  to  be  paid  for  the  current  year  as  the  assessed  valuation  of  the 
property  of  each  of  said  cities  and  of  said  town  upon  their  respective 
assessment-rolls  for  that  year  as  equalized  by  said  board,  bears  to  the 
aggregate  assessed  valuation  of  the  property  of  said  cities  and  said 
towns,  as  equalized  by  said  board.  The  said  board  of  supervisors  at  each 
annual  session,  so  long  as  the  proportional  share  or  amount  of  the  bonded 
railroad  indebtedness  of  the  town  of  Johnstown  refunded  by  said  town 
after  the  incorporation  of  the  city  of  Gloversville,  chargeable  to  the  city 
of  Johnstown,  remains  uncollected  and  unpaid  by  said  city  to  the  rail- 


42 


road  commissioner  of  said  town,  fix  and  determine  the  proportional  share 
or  amount  of  such  indebtedness,  due  and  payable  for  the  current  year 
for  principal  and  interest,  to  be  paid  respectively  by  the  city  of  Johns¬ 
town  and  by  the  town  of  Johnstown.  Said  board  of  supervisors  shall 
fix  and  determine  the  proportional  shares  or  amounts  of  such  State  and 
county  charges,  floating  indebtedness,  and  refunded  railroad  indebtedness 
which  shall  be  paid  by  the  city  of  Johnstown  and  said  town,  respectively, 
in  the  following  manner:  The  amount  of  money  to  be  paid  by  said 
city  and  said  town,  respectively,  shall  bear  such  proportion  to  the  whole 
amount  to  be  paid  for  the  current  year,  as  the  assessed  valuation  of  the 
property  of  each,  upon  their  respective  assessment-rolls  for  that  year,  as 
equalized  by  said  board,  bears  to  the  aggregate  assessed  valuation  of 
the  property  of  said  city  and  town,  as  equalized  by  said  board.  The 
city  of  Johnstown  shall,  for  all  purposes  relating  to  the  assessment  and 
collection  of  taxes,  be  and  constitute  a  separate  and  distinct  township 
in  said  county  of  Fulton,  except  that  the  bonded  indebtedness  of  said 
original  town  of  Johnstown,  and  of  the  town  of  Johnstown  as  constituted 
after  the  incorporation  of  the  city  of  Gloversville,  shall  be  adjusted  and 
provided  for,  from  year  to  year,  as  herein  set  forth.  Said  board  of 
supervisors  shall  levy  upon  the  city  of  Johnstown  such  proportional 
share  or  amount  of  such  State  and  county  taxes  in  the  manner  author¬ 
ized  by  the  laws  of  this  State  with  respect  to  towns;  and  from  year  to 
year  the  proper  proportion  of  said  bonded  indebtedness  of  said  town; 
and  extend  the  same  upon  the  assessment-rolls  of  said  city  in  the  man¬ 
ner  in  which  it  is  by  law  directed  to  levy  like  taxes  upon  the  several 
towns  of  said  county.  Provided,  however,  that  whenever  the  said  board 
of  supervisors  shall  have  fixed  and  determined  the  proportional  share 
or  amount  of  said  bonded  railroad  indebtedness,  or  of  said  refunded 
bonded  railroad  indebtedness,  which  shall  be  paid  by  the  city  of  Johns¬ 
town,  and  shall  not  have  extended  the  same  upon  the  assessment-rolls 
of  said  city,  the  common  council  thereof  may  refund  the  same,  or  any 
part  thereof,  as  provided  by  section  seven  of  the  General  Municipal  Law. 

§  94.  Warrant  for  the  collection  of  county  and  state  tax.  The  board 
of  supervisors  of  the  county  of  Fulton  shall  annex  to  one  of  the  cor¬ 
rected  assessment-rolls  of  the  city  a  warrant  under  the  hands  and  seals 
of  the  said  supervisors,  or  a  majority  of  them,  directed  to  the  chamber- 
lain  of  the  city  of  Johnstown,  commanding  the  said  chamberlain  to  re¬ 
ceive  and  collect,  according  to  law,  from  the  several  persons  named  in 
the  assessment-rolls  the  several  sums  mentioned  in  the  last  column  oppo¬ 
site  their  respective  names,  and  pay  over  the  same  in  the  manner  directed 
in  said  warrant.  Such  warrant  shall  contain  the  same  directions,  as 
near  as  may  be  under  the  provisions  of  this  act,  as  to  the  disposition  of 
the  money  so  received  and  collected  by  said  chamberlain  as  similar  war¬ 
rants  directed  to  collectors"of  towns  and  issued  by  said  board  of  super- 


43 


visors.  Such  corrected  assessment-rolls  and  warrant  shall  be  delivered 
to  one  of  the  supervisors  of  the  city  of  Johnstown  on  or  before  the 
fifteenth  day  of  December  in  each  year,  and  said  supervisor  shail  imme¬ 
diately  return  the  same  to  the  city  clerk.  The  assessment-rod  to  which 
the  warrant  is  attached  shall  be  immediately  delivered  by  the  city  clerk 
to  the  chamberlain.  To  the  original  assessment-roll  remaining  in  the  city 
clerk’s  office  shall  be  attached  a  copy  of  said  warrant  and  receipt  signed 
by  the  chamberlain  acknowledging  the  delivery  to  him  of  the  other  original 
roll  and  warrant. 

§  95.  Payment  and  discharge  of  bonded  indebtedness  of  the  town 
of  Johnstown.  All  money  collected  by  said  chamberlain  by  virtue 
of  said  assessment-roll  and  warrant  to  apply  on  the  bonded  indebtedness 
of  the  town  of  Johnstown  and  the  interest  thereon  shall  be  paid  over  by 
him  to  the  supervisor  of  the  town  of  Johnstown,  as  the  railroad  com¬ 
missioner  of  said  town,  and  the  receipt  of  said  supervisor  taken  therefor; 
and  when  any  such  annual  sum  so  fixed  and  determined  by  the  board 
of  supervisors  shall  have  been  so  collected  and  paid  to  said  supervisor 
as  such  commissioner,  all  liability  and  responsibility  of  the  city  of  Johns¬ 
town  for  such  part  of  such  bonded  indebtedness  shall  be  discharged,  and 
said  city  and  the  property  therein  relieved  from  all  responsibility  there¬ 
for  and  the  town  of  Johnstown  obligated  therefor. 

§  96.  Tax  notices;  payment  of  State  and  county  taxes;  fees.  Upon 
receiving  the  said  assessment-roll  the  chamberlain  of  said  city  shall 
give  notice,  in  the  official  newspapers  of  the  city,  of  the  receipt  by  him 
of  such  assessment-roll  and  warrant,  and  that  all  persons  named  therein 
are  required  to  pay  their  taxes  at  his  office  on  or  before  the  first  day 
of  February  next  ensuing.  From  and  after  the  date  of  said  notice  and 
up  to  the  first  day  of  February  next  ensuing  any  person  or  corporation 
may  pay  his,  her  or  their  taxes  therein  assessed  without  any  fee  in 
addition  thereto.  If  any  such  tax  shall  remain  unpaid  on  the  first  day 
of  February  after  the  delivery  of  the  assessment -roll  and  warrant,  the 
chamberlain  shall  thereupon  cause  a  written  or  printed  notice  to  be 
given  to  every  person  residing  in  the  city  from  whom  such  tax  may  be 
due,  specifying  the  amount  of  the  tax  and  the  percentage  thereon,  and 
requiring  the  same  to  be  paid  on  or  before  the  fifteenth  day  of  February 
of  the  same  year  at  his  office.  Such  notice  shall  be  served  on  the  per¬ 
sons  assessed  by  depositing  the  same  in  the  Johnstown  post-office,  inclosed 
in  envelopes  and  directed  to  the  persons  assessed,  at  Johnstown,  New 
York,  and  paying  the  postage  thereon;  but  if  any  of  the  persons  assessed 
shall  be  known  by  the  chamberlain  to  reside  in  any  other  place,  their 
notice  shall  be  directed  to  them  at  such  other  place.  It  shall  not  be 
necessary  to  make  any  other  demand  of  payment  of  said  tax.  After  said 
first  day  of  February,  and  up  to  and  including  the  fifteenth  day  of  Feb¬ 
ruary,  two  per  centum  fees  shall  be  added  to  the  tax  and  collected  by 


44 


the  chamberlain.  After  the  fifteenth  day  of  February  the  fees  of  the 
chamberlain  for  collecting  said  taxes  shall  be  five  per  centum. 

§  97.  Collection  of  Stc.te  and  county  tax.  After  the  fifteenth  day 
of  February  the  chamberlain  shall  proceed,  without  delay,  to  issue  his 
warrant,  under  his  hand  and  seal  of  the  city,  to  any  policeman  of  the 
city  or  to  as  many  of  them  as  he  may  deem  necessary,  who  may  be  ap¬ 
proved  by  the  common  council,  commanding  such  officer  or  officers  to 
levy  the  tax  and  fees  by  distress  and  sale  of  the  goods  and  chattels  of 
the  person  or  corporation  upon  whose  real  or  personal  property  the  tax 
was  apportioned  according  to  the  said  assessment  and  tax-roll,  or  of  any 
goods  or  chattels  in  his,  her  or  their  possession  wheresoever  the  same 
may  be  found  in  the  city  of  Johnstown  or  county  of  Fulton,  and  to  pay 
the  same  to  the  said  chamberlain,  and  return  such  warrant  on  or  before 
the  first  day  of  May  in  each  year;  and  no  claim  of  property  made  to 
such  goods  and  chattels  shall  be  available  to  prevent  the  sale  thereof, 
except  in  such  cases  as  are  provided  for  by  the  general  statutes  of  this 
State.  Said  policeman  shall  immediately  upon  the  collection  of  any  tax  as 
aforesaid  pay  to  the  chamberlain  such  tax  and  fees;  and  if  the  property  be 
sold  for  more  than  the  amount  of  tax,  fees  and  costs  of  such  levy,  dis¬ 
tress  and  sale,  which  costs  shall  be  the  same  as  those  allowed  by  law 
to  constables  on  execution,  the  surplus  shall  be  returned  to  the  person 
or  corporation  entitled  thereto. 

*  §  98.  Assessment  for  city  taxes.  The  city  assessor  shall  in  the 
months  of  February  and  March  of  each  year  proceed  to  make  up  the 
annual  assessment -rolls  for  city  taxes,  which  he  shall  complete  and  file 
with  the  city  clerk  on  or  before  the  fifteenth  day  of  April  following.  He 
shall  proceed  in  the  same  manner  in  so  doing  as  provided  for  the  assess¬ 
ment-rolls  for  the  state  and  county  taxes,  as  near  as  may  be,  except  that 
he  shall  hear  objections  to  said  rolls,  beginning  on  the  first  Tuesday  of 
April  in  each  year  and  continue  to  hear  the  same  for  two  days  thereafter, 
and  that  he  shall  give  notice  of  the  hearing  of  such  objections  for  two 
weeks  preceding  said  first  Tuesday  of  April,  in  the  same  way  and  manner 
as  provided  for  said  assessment-rolls  for  said  state  and  county  taxes,  and 
except  that  it  shall  be  the  duty  of  the  assessor  to  assess  at  full  value, 
the  same  as  other  city  property  is  required  to  be  assessed,  and  to  desig¬ 
nate  on  such  assessment-roll  as  “farm  lands”  all  agricultural  lands  occu¬ 
pied  and  used  for  strictly  farming  purposes,  situated  in  whole  or  in  part 
within  said  city,  and  keep  the  same  in  a  separate  column  of  said  assess¬ 
ment-roll,  except  in  the  following  cases:  whenever  agricultural  lands  are 
laid  out  as  city  lots,  and  streets,  have  been  opened  through  such  lands; 
whenever  agricultural  lands  are  located  within  two  hundred  feet  of  a  city 
water  main  measuring  over  a  public  street  or  highway,  and  whenever 


*  As  amended  by  Chap.  660,  Laws  of  19-10,  and  Chap.  326,  Laws  of  1916. 


i 


45 


agricultural  lands  have  been  sold  for  city  lots,  in  which  cases  such  lands 
shall  be  assessed  as  city  lots.  Said  assessor  shall  also  note  upon  said 
assessment-rolls  such  agricultural  lands,  so  assessed  as  “farm  lands,” 
as  a.re  benefited  by  the  location  of  electric  or  other  lights  in  the  streets  and 
highways  passing  through  or  along  them,  by  writing  in  the  column  con¬ 
taining  the  assessment  the  words  “assessed  for  lighting  purposes.” 

§  99.  Levying  of  city  taxes.  Immediately  after  the  filing  of  said  cor¬ 
rected  assessment-rolls  with  the  city  clerk,  as  in  the  last  section  pro¬ 
vided,  the  common  council  shall  cause  the  amount  authorized  to  be  raised 
for  all  city  purposes,  except  the  care  and  maintenance  of  the  streets 
and  highways  and  for  electric  or  other  lights  and  lighting,  as  finally 
determined,  to  be  rated  and  assessed  upon  the  property  of  each  person, 
company,  corporation  or  association  appearing  on  said  assessment-rolls, 
except  agricultural  lands  occupied  and  used  for  strictly  farming  purposes 
and  assessed  as  “farm  lands,”  to  be  set  opposite  the  name  of  such  per¬ 
son,  company,  corporation  or  association,  respectively,  in  the  last  column 
of  said  tax-rolls,  to  be  headed  “city  taxes,”  in  proportion  to  the  valua¬ 
tion  therein  stated.  It  shall  also  cause  the  amount  authorized  to  be  raised 
for  the  care  and  maintenance  of  the  streets  and  highways  in  said  city 
as  finally  determined,  to  be  rated  and  assessed  upon  the  property  of  each 
person,  company,  corporation  or  association  appearing  on  said  assess¬ 
ment-rolls,  and  the  same  to  be  set  down  therein  in  a  separate  column 
headed  “highway  taxes,”  opposite  the  name  of  such  person,  company, 
corporation  or  association,  respectively.  It  shall  also  cause  the  amount 
authorized  to  be  raised  for  electric  or  other  lights  and  lighting  of  the 
streets  and  highways  in  said  city  as  finally  determined,  to  be  rated  and 
assessed  upon  the  property  of  each  person,  company,  corporation  or  asso¬ 
ciation  appearing  on  said  assessment-rolls,  except  agricultural  lands  occu¬ 
pied  and  used  for  strictly  farming  purposes  and  assessed  as  “farm  land” 
and  not  “assessed  for  lighting  purposes,”  and  the  same  to  be  set  down 
therein  in  a  separate  column  headed,  “lighting  taxes,”  opposite  the  name 
of  such  person,  company,  corporation  or  association,  respectively.  After 
said  assessment-rolls  have  been  so  completed  and  the  taxes  thereon  ex¬ 
tended,  the  same  shall  be  adopted  by  a  resolution  of  the  common  council 
and  filed  with  the  city  clerk. 

§  100.  Warrant  for  collection  of  city  taxes.  The  city  clerk  shall 
thereupon,  and  on  or  before  the  first  day  of  May  following,  deliver  one 
of  said  original  assessment-rolls  to  the  chamberlain,  with  a  warrant 
thereto  annexed,  under  the  corporate  seal  of  the  city,  and  signed  by  the 
mayor  and  the  clerk  thereof,  commanding  him  to  receive  and  collect  from 
the  several  persons,  companies,  corporations  and  associations  named  in 
such  tax-roll  the  several  sums  mentioned  in  the  last  column  of  such  roll, 
and  also  the  several  sums  set  down  therein  for  highway  tax  and  light¬ 
ing  tax,  opposite  to  their  respective  names,  in  the  same  manner  as  in 


46 


this  act  provided.  To  the  other  assessment-roll  the  clerk  shall  attach  a 
copy  of  the  warrant  and  a  receipt,  signed  by  the  chamberlain,  acknowl¬ 
edging  the  delivery  to  him  of  the  other  original  assessment-roll  and  war¬ 
rant.  Said  warrant  shall  also  state  the  amount  of  money  which  is  to 
be  raised  by  said  tax  for  each  of  the  purposes  as  hereinbefore  stated, 
and  the  chamberlain  shall  apportion  the  tax  collected  by  him  among  said 
several  funds  as  collected,  according  to  the  respective  amounts  thereof. 

*  §  101.  City  tax  notices;  payment  of  city  taxes;  fees.  Upon  receiving 
said  roll  the  chamberlain  shall  give  notice  in  the  official  newspapers  of 
the  city  of  the  receipt  by  him  of  such  assessment-roll  and  warrant,  and 
that  all  persons  named  therein  are  required  to  pay  their  taxes  at  his  office 
on  or  before  the  first  day  of  June  next  ensuing;  for  one  month  after 
said  May  first  every  person,  company,  corporation  or  association  may  pay 
his,  her  or  their  taxes  to  said  chamberlain  without  any  additional  charge; 
for  one  month  next  succeeding,  two  per  centum  fees  will  be  collected,  and 
after  that  five  per  centum  fees  will  be  collected.  If  any  tax  shall  remain 
uncollected  on  the  first  day  of  August,  the  chamberlain  shall  give  notice 
to  the  person  or  persons  against  whom  such  tax  stands  charged.  The 
notices  shall  bear  even  date  as  of  the  first  day  of  August  and  shall  re¬ 
quire  said  person  or  persons  or  corporations  to  pay  such  unpaid  tax  to 
said  chamberlain  at  his  office  within  one  month  thereafter,  with  five  per 
centum  fees  thereon.  Said  notices  shall  be  served  in  the  same  manner  and 
form  as  notices  of  county  and  state  taxes,  and  the  provisions  with  refer¬ 
ence  to  such  notices  and  the  service  thereof,  shall  apply  to  the  notices 
herein  specified  as  far  as  the  same  may  be  applicable. 

§  102.  Collection  of  city  taxes.  On  and  after  the  first  day  of  Sep¬ 
tember  it  shall  be  the  duty  of  the  chamberlain  to  proceed  with  the  col¬ 
lection  of  the  city  taxes  then  remaining  unpaid,  in  the  same  manner  as 
provided  for  the  collection  of  county  and  State  taxes,  except  as  herein 
otherwise  provided.  The  warrants  for  the  collection  of  city  taxes  shall 
be  dated  September  first,  and  be  returnable  to  the  chamberlain  on  or 
before  November  first  in  the  same  year. 

§  103.  Unpaid  taxes;  revision  of  assessment- rolls.  In  case  any  of 
the  taxes  mentioned  in  this  article  shall  remain  unpaid  after  the  fore¬ 
going  proceedings  shall  have  been  taken,  the  list  of  all  the  unpaid  taxes 
on  all  the  rolls,  both  city  and  county,  including  the  rolls  for  local  assess¬ 
ments  made  during  the  year  next  preceding,  shall  be  delivered  by  the 
chamberlain  to  the  assessor  of  the  city  on  or  before  the  fifteenth  day 
of  December,  and  he  shall  immediately  review  such  unpaid  assessments 
and  correct  all  errors  of  every  description  which  have  been  made  either 
in  the  original  assessments  or  subsequent  proceedings,  and  shall  make 
correct  and  full  descriptions  of  the  several  parcels  of  land.  He  shall 


As  amended  by  Chap.  326,  Laws  of  1916. 


47 


also  have  power  to  insert  in  such  revised  roll  any  real  estate  in  the  city 
which  may  have  been  omitted  in  the  original  rolls,  upon  giving  at  least 
two  day’s  notice  thereof  to  the  owner  or  agent  of  such  property.  He 
may  add  to  said  roll,  with  proper  corrections,  any  unpaid  assessments 
for  local  improvements  assessed  during  the  then  next  preceding  year. 

*  §  104.  Completion  of  revised  assessment-roll  by  assessor.  He  shall 
complete  such  revision  within  ten  days,  and  shall  subscribe  the  same, 
and  shall  give  public  notice  that  he  will  attend  at  the  city  clerk’s  office  at 
the  end  of  ten  days,  at  a  time  to  be  designated  by  him,  to  hear  objections 
and  to  correct  any  errors  which  may  have  been  made.  Such  notice  shall 
be  given  by  publishing  the  same  at  least  once,  at  least  one  week  prior 
thereto  in  the  official  newspapers  of  the  city.  He  shall,  within  ten  days 
thereafter,  complete  such  correction  and  subscribe  the  same  and  deliver 
the  corrected  rolls  to  the  chamberlain.  The  chamberlain  shall  add  to  said 
rolls  the  amount  of  taxes  assessed  upon  the  several  persons  or  parcels  of 
land,  designating  the  county  and  state  tax  separately  from  the  others, 
together  with  all  accrued  fees  thereon,  with  twenty  cents  for  filing  and 
one  dollar  for  reassessing  each  parcel. 

§  105.  Certified  copy  of  revised  roll  to  be  filed;  limitation  of  liens. 
A  certified  copy  of  such  revised  assessment-roll  shall  be  filed  in  the 
office  of  the  clerk  of  Fulton  county.  All  taxes  and  assessments  on  real 
property  shall  cease  to  be  liens  thereon,  as  against  subsequent  purchas¬ 
ers,  mortgagees  and  the  holders  of  other  incumbrances  unless  such  cer¬ 
tified  copy  shall  be  so  filed  within  one  year  after  the  making  of  the 
original  assessment- roll.  Such  liens  shall  cease  as  against  such  persons 
five  years  after  the  date  of  filing  such  certified  copy. 

**§  106.  Proceedings  by  chamberlain  in  the  collection  of  unpaid  taxes. 

The  chamberlain  shall  retain  in  his  office  a  copy  of  such  list  and  shall 
thereupon  proceed  to  collect  all  such  unpaid  taxes  as  follows:  Whenever 
any  such  tax  charged  on  real  estate  in  said  city  and  the  interest  thereon 
at  the  rate  of  seven  per  centum  per  annum,  to  be  computed  from  the  first 
day  of  December,  with  said  fees  and  expenses,  shall  remain  unpaid  for 
six  months  from  said  first  day  of  December,  the  chamberlain  shall  proceed 
to  advertise  and  sell  such  real  estate  in  the  manner  hereinafter  provided 
for  the  payment  of  such  tax,  fees,  interest  and  expenses,  and  the  expense 
of  advertising  and  selling  the  same  shall  be  charged  on  the  land  sold, 
and  shall  be  added  to  and  made  a  part  of  such  tax.  The  said  chamberlain 
shall  cause  to  be  published,  at  least  once  in  each  week,  for  three  weeks, 
in  the  official  newspapers  of  the  city,  a  list  or  statement  of  the  real  estate 
charged  with  the  payment  of  such  taxes,  interest  and  fees  so  liable  to  be 
sold,  and  also  a  notice  that  the  said  real  estate  will,  on  a  day  at  the  ex- 


*  As  amended  by  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  660,  Laws  of  1910. 


48 


piration  of  said  three  weeks,  to  be  specified  in  such  notice,  and  the  suc¬ 
ceeding  days,  be  sold  at  public  auction  at  a  place  to  be  designated  in 
said  notice  in  the  city  of  Johnstown,  to  pay  the  taxes,  interest,  fees  and 
expenses  thereon  which  may  remain  unpaid  at  the  time  of  such  sale.  The 
expense  of  publishing  such  list  and  notices  shall  not  exceed  the  sum  of 
one  dollar  to  each  newspaper  for  each  parcel  of  land  so  advertised.  On 
the  day  named  in  said  notice,  the  chamberlain  shall  commence  the  sale 
of  said  real  estate,  and  shall  continue  such  sale  from  day  to  day  until 
the  whole  thereof  shall  be  sold.  It  shall  be  the  duty  of  the  chamberlain 
to  bid  in  for  the  city  all  parcels  of  real  estate  at  such  sale  which  shall 
not  be  purchased  by  any  other  person  at  a  rate  sufficient  to  pay  the  taxes 
for  which  the  land  is  to  be  sold,  with  all  the  accrued  interest,  additions, 
fees  and  expenses;  and  the  city  shall  thereupon  have  all  the  rights  of  any 
other  purchaser  at  a  tax  sale. 

§  107.  Title  of  purchasers  at  sale.  The  purchasers  at  such  sale 
shall  pay  the  amount  of  their  respective  bids  to  the  said  chamberlain 
within  forty-eight  hours  after  the  sale,  and  thereupon  the  said  cham¬ 
berlain  shall  execute  to  each  purchaser  a  certificate,  in  writing,  which 
shall  contain  a  description  of  the  real  estate  purchased,  the  amount  paid 
therefor,  the  date  of  the  sale,  and  that  the  same  was  sold  for  unpaid 
taxes.  Such  purchaser  and  his  legal  representatives  or  assigns  may, 
immediately  upon  receiving  such  certificate,  by  virtue  thereof,  and  of 
this  act,  lawfully  possess,  hold  and  enjoy,  for  his  or  their  proper  use 
and  benefit,  and  the  use  and  benefit  of  his  or  their  heirs  and  assigns 
forever,  the  real  estate  described  in  said  certificate,  unless  the  same 
shall  be  redeemed  as  hereinafter  provided.  Such  purchaser  and  his  heirs 
and  assigns,  may,  at  any  time  after  the  expiration  of  the  time  limited 
for  the  redemption  of  such  premises,  and  after  a  failure  to  redeem  as 
hereinafter  provided,  cause  the  occupant  of  such  real  estate  to  be  removed 
therefrom,  and  the  possession  thereof  to  be  delivered  to  him  in  the  same 
manner  and  by  the  same  proceedings  by  and  before  the  same  officers, 
as  in  the  c^,se  of  a  tenant  holding  over  after  the  expiration  of  his  term 
without  permission  of  his  landlord. 

§  108.  Redemption  from  tax  sale.  The  owner  of,  or  any  person 
interested  in  any  real  estate  sold  for  taxes  as  aforesaid,  may  redeem 
the  same  at  any  time  within  two  years  after  the  date  of  such  sale  by 
paying  to  the  said  chamberlain  for  the  use  of  the  purchaser  upon  such 
sale,  his  heirs  and  assigns,  the  sum  mentioned  in  the  certificate  given 
to  him,  and  the  interest  thereon  at  the  rate  of  twelve  per  centum  per 
annum,  to  be  calculated  from  the  date  of  such  certificate,  except  as 
provided  in  the  next  section  of  this  act.  Notice  shall  be  given  by  the 
purchaser  of  any  real  estate  sold  for  taxes  under  the  provisions  of  this 
act  to  the  occupant,  owner  in  fee,  mortgagee,  judgment-creditor  or  pur¬ 
chaser  upon  any  other  tax  sale  of  the  same  property  and  the  heirs  or 


49 


assigns  of  any  or  either  of  them,  and  the  guardian  of  any  infants  having 
an  interest  therein  at  least  three  months  before  the  expiration  of  the 
time  for  redemption  fixed  by  this  act,  and  time  for  such  redemption  shall 
not  be  deemed  to  have  expired  until  three  months  after  such  notice  shall 
have  been  given.  Such  notice  shall  be  either  written  or  partly  written 
and  partly  printed,  and  shall  state  briefly  the  lot  or  parcel  of  land  to  be 
redeemed,  the  tax,  cost,  interest  and  expenses  required  to  be  paid  upon 
such  redemption,  and  the  last  day  of  redemption  of  any  such  real  estate, 
and  the  office  or  place  within  the  city  where  the  money  for  such  redemp¬ 
tion  can  be  paid.  Such  notice  shall  be  served  personally  or  left  with 
some  person  of  suitable  age  and  discretion  at  the  residence  or  place  of 
business  of  the  persons  entitled  to  such  notice  if  they  reside  or  have  a 
place  of  business  in  the  city.  If  such  persons,  or  any  of  them,  do  not 
reside  or  have  a  place  of  business  in  the  city,  such  notice  shall  be  depos¬ 
ited,  postage  paid,  in  the  post-office,  addressed  to  them  at  the  post-office 
at  or  nearest  their  known  place  of  residence;  and  if  the  residence  or 
address  of  any  such  person  or  persons  be  not  known,  then  such  notice 
shall  be  published  at  least  once  a  week  for  three  months  prior  to  the  day 
named  therein  for  redemption  in  the  official  newspapers.  The  expense 
of  mailing  and  publishing  such  notices  shall  be  added  to  and  become  a 
part  of  the  amount  required  to  be  paid  for  the  redemption  of  such  real 
estate.  Such  notices  shall  not  be  served,  nor  shall  the  publication  thereof, 
when  required  be  commenced  within  eighteen  months  after  the  date  of 
the  certificate. 

*  §  109.  Certificate  and  deed  to  purchaser.  If  upon  any  such  sale 
any  piece  of  land  be  sold  for  more  than  amount  then  due  for  the  tax,  fees, 
interest  and  expenses,  including  the  expense  of  advertising,  the  certificate 
delivered  to  the  purchaser  shall  draw  interest  at  the  rate  aforesaid  only 
upon  the  amount  due,  and  no  interest  upon  any  excess  of  such  amount.  If 
any  such  real  estate,  or  any  part  thereof,  be  not  redeemed  as  herein  pro¬ 
vided,  the  said  chamberlain  shall  execute  to  the  purchaser,  his  heirs  or 
assigns,  a  conveyance  of  the  real  estate  so  sold,  which  conveyance  shall 
vest  in  the  grantee  an  absolute  estate  in  fee.  The  said  chamberlain 
shall,  be  entitled  to  demand  and  receive  from  such  grantee  for  the  use 
of  the  city  the  sum  of  one  dollar  for  preparing  such  conveyance.  Every 
such  conveyance  shall  be  executed  by  said  chamberlain  under  his  hand 
and  the  seal  of  said  city,  and  the  execution  thereof  shall  be  acknowledged 
in  the  same  manner  as  other  conveyances  of  real  estate.  Such  convey¬ 
ance  shall  be  conclusive  evidence  that  the  sale  was  regular,  and  presump¬ 
tive  evidence  that  all  the  previous  proceedings  were  regular  according 
to  law  and  the  provisions  of  this  act.  Every  certificate  or  conveyance 
executed  in  pursuance  of  this  act  and  acknowledged  or  proved  before  any 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


50 


officer  authorized  by  law  to  take  proof  and  acknowledgment  of  deeds  may 
be  recorded  in  the  same  manner  and  with  like  effect  as  a  deed. 

§  110.  Reimbursement  to  purchaser  on  failure  of  title.  Whenever 
any  purchaser  under  such  sale,  or  his  heirs  or  assigns,  shall  be  unable 
to  recover  or  retain  possession  of  any  real  estate  sold  to  him  by  reason 
of  any  irregularity  or  error  in  the  assessment  of  any  person  or  property, 

or  the  levying  of  any  tax  thereon,  or  in  any  proceeding  for  the  collection 

of  any  tax,  the  common  council  of  said  city  shall  reimburse  the  purchase- 
money  so  paid,  with  interest  at  six  per  centum  per  annum  from  the 
time  of  its  payment,  the  amount  thereof  to  be  presented  and  audited  as 
other  city  charges,  and  paid  by  the  chamberlain  of  said  city. 

§  111.  Actions  for  collection  of  unpaid  tax.  If  any  city  tax  im¬ 

posed  for  any  of  the  purposes  mentioned  in  this  act  shall  remain  unpaid 
for  six  months  after  the  warrant  for  its  collection  has  been  placed  in 
the  hands  of  the  chamberlain,  the  said  chamberlain  may  maintain  an 
action  in  his  name  of  office  for  the  amount  of  such  tax  and  fee  and 
expenses  remaining  unpaid,  with  interest  thereon  at  the  rate  of  seven 
per  centum  per  annum,  to  be  computed  frcm  the  first  day  of  December 
of  the  year  in  which  such  tax  was  payable.  Such  action  shall  be  brought 
against  any  person  or  corporation  liable  for  such  tax,  or  the  representa¬ 
tive  of  such  person  or  corporation,  in  any  court  of  competent  jurisdiction 
in  the  same  manner  as  other  civil  actions.  The  judgment  obtained  therein 
shall  be  enforced  in  the  same  manner  as  a  judgment  in  other  civil  actions 
and  shall  be  for  the  amount  of  such  unpaid  tax,  and  the  interest,  fees, 
and  penalties  allowed  by  law,  including  the  costs  and  disbursements  of 
the  action.  The  amount  collected  by  any  such  action  shall  be  used  and 
applied  by  said  chamberlain  in  same  manner  as  though  the  same  had 
been  collected  by  the  sale  of  real  estate.  The  warrant  so  delivered  to  the 
chamberlain  shall  be  presumptive  evidence  that  all  the  previous  proceed¬ 
ings,  including  the  assessing  and  levying  of  the  tax,  were  regular  and 
according  to  law.  Nothing  in  this  act  contained  shall  be  construed  to 
repeal  or  abridge  any  other  power  or  remedy  for  the  collection  of  taxes 
in  the  city  of  Johnstown. 

§  112.  Application  of  this  article  to  local  assessments.  All  the  pro¬ 
visions  of  this  article  shall  apply  to  and  include  the  collection  of  all  local 
assessments  and  the  taxes  for  local  improvements. 

§  113.  Correction  of  manifest  errors.  Whenever  there  is  manifest  er¬ 
ror  in  copying  any  assessment-roll,  or  in  levying  or  extending  any  tax 
or  assessment,  the  common  council  may  at  any  time  within  six  months 
after  the  completion  of  such  assessment-roll  by  vote  of  two-thirds  of  all 
the  members  elected,  correct,  cancel,  remit  or  add  to  the  same,  but  shall 
have  no  power  to  alter  any  valuation  made  by  the  assessor;  nor  shall 
such  amended  assessment,  if  greater  than  the  original  assessment,  be  a 


51 


lien  on  the  real  estate  for  the  amount  added  as  against  purchasers  or 
mortgagees  in  good  faith. 

§  114.  Reassessment.  In  case  any  tax  or  assessment  on  property 
shall  be  void  or  shall  have  failed  for  want  of  jurisdiction,  or  for  any 
irregularity  in  the  levy  or  assessing  thereof,  the  common  council  shall 
cause  the  same  to  be  reassessed.  Before  making  such  reassessment  the 
common  council  shall  give  to  the  owners  of  such  property  at  such  time, 
a  notice  of  at  least  five  days,  and  an  opportunity  to  be  heard,  and  on 
such  hearing  the  council  shall,  as  to  such  property,  have  the  powers,  and 
perform  the  duties  of  the  officer  or  officers  making  the  original  assess¬ 
ment.  If  any  person  shall  have  paid  on  a  former  assessment,  the  same 
shall  be  credited,  or  in  case  the  payment  exceed  the  amount  reassessed 
the  surplus  shall  be  refunded. 

§  115.  Surplus  on  sales.  Whenever  any  surplus  shall  arise  upon  the 
sale  of  lands  for  taxes,  under  the  provisions  of  this  act,  the  same  shall 
remain  in  the  custody  of  the  chamberlain  who  shall  keep  a  record  there¬ 
of.  The  owner  of  the  equity  of  redemption,  or  any  other  person  inter¬ 
ested  in  such  surplus,  may  apply  to  any  court  of  competent  jurisdiction 
for  an  order  distributing  the  same  in  the  same  way  and  manner  as  in 
proceedings  for  the  distribution  of  surplus  money  in  foreclosure  actions. 
Any  person  making  such  application,  or  in  any  way  sharing  in  the  distri¬ 
bution  of  such  money,  shall  be  deemed  to  have  waived  all  his  rights  for 
the  recovery  of  the  value  or  possession  of  such  lands  or  any  part  thereof. 

ARTICLE  VI. 


LOCAL  IMPROVEMENTS;  STREETS  AND  SEWERS. 


Section  120. 

121. 

122. 

123. 

124. 

125. 

126. 

127. 

128. 

129. 

130. 

131. 

132. 


Common  council  to  be  highway  commissioners. 

General  powers  and  duties  of  city  engineer. 

General  duties  of  the  superintendent  of  streets. 
Improvements  payable  wholly  or  partly  by  local  assessments. 
Cost  of  sewer  construction. 

Declaration  of  intention  to  make  local  improvement. 

When  consent  or  petition  of  property  owners  required. 

Curbs  and  gutters  included  as  part  of  certain  improvements.. 
District  of  assessment. 

Special  provisions  as  to  sewers. 

Notice  of  proposed  improvement. 

Objections  to  improvements  and  decision  thereon. 
Expenses,  by  whom  assessed. 


52 


133. 

134. 

135. 

136. 

137. 

138. 

139. 

140. 

141. 

142. 

143. 

144. 

145. 

146. 


Assessment- roll. 

Appeal  from  assessment. 

Collection  of  local  assessments. 

Payment  by  installments  for  improved  pavements;  issue  of 
bonds  therefor. 

Special  provisions  as  to  farm  lands. 

Construction  and  repair  of  sidewalks,  curbstones,  gutters  and 
culverts. 

Cleaning  sidewalks  and  gutters. 

Opening,  altering,  extending  and  laying  out  streets,  et  cetera. 
Guardians  ad  litem. 

Appointment,  powers  and  duties  of  commissioners. 
Confirmation  or  annulment  of  assessment;  new  assessment. 
Compensation  of  commissioners;  costs. 

Authorizing  improvement;  collection  of  assessments;  pay¬ 
ments  of  awards,  et  cetera. 

Additional  assessments  for  local  improvements. 


§  120.  Common  council  to  be  highway  commissioners.  The  common 
council  shall  be  commissioners  of  highway  in  and  for  said  city,  and 
shall  have  all  the  powers  and  discharge  all  the  duties  of  commissioners 
of  highways  in  the  towns  in  this  State,  except  as  otherwise  provided  in 
this  act.  The  city  of  Johnstown  is  hereby  declared  a  separate  highway 
district,  exempt  from  the  supervision  and  control  of  the  commissioner 
of  highways  of  the  town  of  Johnstown. 

§  121.  General  powers  and  duties  of  city  engineer.  The  city  engineer 
shall: 

1.  Keep  in  his  office  books  and  records,  properly  indexed,  in  which 
shall  be  entered  the  survey  and  map  of  every  street,  park,  cemetery, 
avenue  or  lane,  and  the  grade  thereof,  and  sidewalks,  water  mains,  sew¬ 
ers,  and  sewer  inlets,  with  the  location  and  grade  thereof  as  far  as  prac¬ 
ticable,  heretofore  established,  or  which  may  be  established  hereafter  by 
the  common  council; 

2.  Perform  all  of  the  civil  engineering  required  by  the  common  council, 
the  board  of  water  commissioners,  and  by  the  other  departments  or 
boards  and  officers  of  said  city; 

3.  Make  all  preliminary  surveys  for  the  opening,  making,  construct¬ 
ing,  paving,  macadamizing,  repairing,  grading,  and  establishing  the  grade 
of  all  streets,  side-walks,  cross-walks,  gutters,  sewers  and  sewer  inlets, 
for  the  building  or  repairing  of  all  bridges  which  the  city  is  bound  to 
maintain,  for  the  laying  of  gas  and  water  pipes  and  the  setting  of  hy- 


53 


drants  in  the  streets,  and  prepare  plans,  profiles  and  specifications  there¬ 
for,  whenever  necessary,  or  when  required  to  do  so  by  the  common  council 
or  other  boards  of  said  city; 

4.  Require  all  water  mains,  sewers  and  sewer  inlets  to  be  laid  at  grade 
as  far  as  practicable; 

5.  Inspect  all  work  which  is  being  done  for  the  city  under  plans  and 
profiles  and  specifications  prepared  by  him,  and  see  that  the  same  are 
complied  with.  Where  any  work  is  being  done  by  the  city  under  a  con¬ 
tract  in  conformity  with  plans,  profiles  and  specifications  prepared  by 
him  no  payments  shall  be  made  under  such  contract  unless  he  shall 
certify  that  the  work  to  be  paid  for  has  been  performed  in  compliance  with 
such  plans,  profiles  and  specifications; 

6.  Perform  such  other  duties  as  may  be  required  of  him  from  time  to 
time  by  the  common  council  or  other  city  boards,  but  shall  have  no 
power  to  contract  any  liability  or  debt  on  the  part  of  the  city,  except  as 
authorized  by  the  common  council  or  other  city  board. 

*  §  122.  General  powers  and  duties  of  the  superintendent  of  streets.  The 

superintendent  of  streets  of  said  city  shall,  under  the  direction  of  the 
mayor  and  common  council  and  such  committees  as  the  common  council 
may  designate,  superintend  and  direct  all  work  to  be  done  or  performed 
and  all  repairs  and  improvements  to  be  made  to  and  upon  any  of  the 
public  highways,  streets,  lanes,  public  places,  walks,  bridges,  or  other 
public  grounds  or  property  of  said  city,  including  the  cleaning  of  the 
streets,  the  building  and  repairing  of  sewers,  sidewalks  and  crosswalks, 
gutters  and  bridges,  and  the  laying  of  gas  pipes  in  the  streets;  he  shall 
have  authority  to  hire  and  employ  the  requisite  laborers;  to  direct  them  as 
to  the  time  and  manner  of  their  work;  and  shall  certify  to  the  common 
council  all  persons  who  shall  have  been  employed  by  him;  and  shall  act 
generally  under  the  direction  of  the  mayor  and  common  council  of  the 
city  and  perform  such  other  duties  as  the  mayor  and  common  council  may 
require  or  prescribe.  He  shall  at  each  regular  meeting  of  the  common 
council  make  a  full  report,  in  writing,  of  all  work  done  or  performed  under 
his  directions  in  such  form  as  the  common  council  may  prescribe  and 
shall  present  thereat  a  pay-roll  in  such  form  as  the  common  council  may 
prescribe,  verified  by  his  oath,  setting  forth  the  work  done  for  the  city  under 
his  charge  since  his  last  pay-roll,  and  specifying  the  name  of  each  person 
employed  thereon,  the  time  he  labored,  his  wages  per  day,  and  the  amount 
due  him.  Said  pay-rolls,  and  all  other  expenses  incurred  in  the  repair, 
care  and  improvement  of  the  public  streets,  highways,  sewers,  bridges, 
sidewalks,  gutters  and  crosswalks,  and  other  public  grounds  and  places 
of  said  city  shall  be  audited  by  the  common  council,  and,  when  audited, 
shall  be  paid  from  the  street,  sewer,  or  other  proper  fund  of  said  city. 


As  amended  by  Chap.  326,  Laws  of  1916. 


54 


The  salary  of  the  said  superintendent  of  streets  shall  be  paid  by  the 
common  council  from  the  street  fund  of  said  city. 

§  123.  Improvements  payable  wholly  or  partly  by  local  assessments. 
The  expense  of  grading,  filling,  excavating,  graveling,  paving,  or  renewing, 
asphalting  or  macadamizing  any  street  or  portion  of  a  street  in  said  city 
shall  be  paid  as  follows:  The  owners  of  the  property  fronting  or  adjoin¬ 
ing  such  street  shall  pay  two-thirds  of  the 'expense  of  the  aforesaid  work 
from  the  curbstone  in  front  of  such  property  to  a  line  drawn  two  feet 
outside  of  the  rail  of  the  track  of  any  street  railway  located  on  said 
street,  and  the  remaining  one-third  of  such  expense  shall  be  paid  by  the 
city  out  of  the  street  fund:  the  owner  or  owners  of  said  street  railway 
shall  pay  the  expense  of  said  work  between  two  parallel  lines  to  be  drawn 
two  feet  outside  of  each  of  the  outside  rails  of  the  track  or  tracks  of 
said  street  railway.  In  a  street  in  which  there  is  no  street  railway  the 
owner  of  the  property  fronting  upon  or  adjoining  such  street  shall  pay 
two-thirds  of  the  cost  of  the  aforesaid  work  from  the  curbstone  in  front 
of  such  property  to  the  center  line  of  said  street,  and  one-third  of  the 
cost  of  the  aforesaid  work  shall  be  paid  by  the  city  out  of  the  street 
fund.  The  expense  of  grading,  filling,  excavating,  graveling,  paving,  re¬ 
newing,  asphalting,  or  macadamizing  intersections  of  streets  and  repairing 
pavements  shall  be  paid  by  the  city  out  of  the  street  fund,  except  that 
where  a  street  railroad  passes  over  any  such  intersection,  the  owner  or 
owners  of  said  street  railroad  shall  pay  the  expense  of  said  work  between 
two  parallel  lines  to  be  drawn  two  feet  outside  of  each  of  the  outside 
rails  of  the  track  or  tracks  of  said  street  railway.  The  expense  of  re¬ 
pairing  the  streets  and  of  ordinary  work  thereon  shall  be  paid  by  the 
city  out  of  the  street  fund.  When  the  entire  surface  of  a  street,  or  of 
any  block  upon  any  street  shall  be  recovered,  resurfaced  or  renewed, 
such  work  shall  not  be  deemed  repairing  under  this  section  and  the  ex¬ 
pense  thereof  shall  be  paid  in  the  same  manner  as  if  the  whole  was  new 
work,  pursuant  to  the  foregoing  provisions  of  this  section.  In  the  assess¬ 
ment  for  any  improvement  as  hereinafter  provided,  and  in  the  payment 
and  collection  of  such  assessment,  the  owner  or  owners  of  any  street 
railway,  located  on  any  street  or  portion  of  a  street  on  which  such  improve¬ 
ment  is  made,  shall  in  all  respects  be  treated  the  same  as  an 
adjoining  property  owner  on  the  street,  and  all  provisions  of  this  act 
in  regard  to  such  assessments,  and  the  collection  thereof  from  property 
owners  and  the  payment  by  property  owners  of  the  expense  of  such  im¬ 
provements,  shall  apply  to  such  owner  or  owners  of  such  street  rail¬ 
way;  and  such  owner  or  owners  of  any  such  street  railway  shall  not 
be  at  liberty,  without  the  coonsent*  of  the  common  council  of  the  city, 
to  furnish  the  materials  or  do  the  work  for  any  such  improvement.  When 


So  in  original. 


55 


the  grade  of  a  street  has  dnce  been  established  by  the  city  and  such 
grade  recorded  and  conformed  to  in  the  making  of  any  local  improve¬ 
ment,  any  change  in  the  grade  thereafter  made  must  be  made  at  the  ex¬ 
pense  of  the  city. 

§  124.  Cost  of  sewer  construction.  The  expense  of  constructing  sewers 
in  said  city  shall  be  defrayed  wholly  by  local  assessment  upon  the  property 
benefited  thereby,  unless  the  common  council  shall  in  the  resolution  de¬ 
claring  its  intention  to  make  such  local  improvement,  determine  that 
the  whole  or  any  portion  thereof  is  properly  chargeable  against  the  city 
at  large.  If  it  shall  so  determine  it  shall  designate  by  such  resolution 
what  part  or  proportion  thereof  is  properly  so  chargeable.  The  part  or 
proportion  so  designated  shall  be  paid  by  the  city  at  large  out  of  the 
sewer  fund,  and  the  then  remaining  portion  of  the  expense,  if  any,  shall 
be  defrayed  by  local  assessment  upon  the  property  benefited  thereby. 

*  §  125.  Declaration  of  intention  to  make  local  improvement.  No  ex¬ 
penditures  for  any  local  improvement  in  said  city,  the  expense  of  which 
is  to  be  defrayed  wholly  or  partly  by  local  assessment,  shall  be  incurred, 
unless  the  common  council  shall  first  by  resolution  declare  its  intention  to 
make  such  local  improvement.  The  common  council  may,  by  resolution, 
declare  its  intention  to  construct  or  repair  sewers,  gutters  and  side¬ 
walks  or  to  grade,  fill,  excavate,  gravel,  or  sprinkle  streets  without  pre¬ 
liminary  petition  therefor  or  consent  thereto.  The  common  council  may 
also,  by  resolution  adopted  by  the  affirmative  vote  of  at  least  two -thirds 
of  all  the  aldermen  in  office  and  without  preliminary  petition  thereof  or 
consent  thereto,  declare  its  intention  to  cause  any  street,  or  public  ground 
or  place,  or  any  part  or  parts  thereof,  in  said  city  to  be  paved,  repaved 
or  improved  with  such  material  and  in  such  manner  as  it  shall  prescribe; 
and,  if  necessary,  to  be  properly  graded  or  regraded  for  the  purpose  of 
such  paving,  repaving  or  improving  the  same. 

§  126.  When  consent  or  petition  of  property  owners  required.  Ex¬ 
cept  as  provided  in  the  preceding  section  and  except  as  to  the  improve¬ 
ments  mentioned  in  section  one  hundred  and  forty  of  this  act,  and  as 
to  which  the  provisions  of  this  and  the  preceding  section  are  not  appli¬ 
cable,  the  common  council  shall  not  declare  its  intention  to  make  local 
improvement,  the  expense  of  which  is  to  be  borne  wholly  or  partially 
by  local  assessment,  unless  the  owners  of  at  least  one-half  of  the  total 
number  of  front  feet  linear  measurement,  or  at  least  one-half  in  number 
of  the  owners  of  property  on  the  street,  or  that  part  of  a  street,  upon 
which  the  proposed  improvement  is  to  be  made,  petition  therefor  or 
consent  thereto  in  writing,  and  a  certificate  of  the  city  engineer  be 
indorsed  thereon  or  attached  thereto,  to  the  effect  that  he  has  examined 
such  petition  or  consent,  and  that  such  required  number  of  property  owners 


As  amended  by  Chap.  326,  Laws  of  1916. 


56 


have  signed  the  same,  which  certificate  shall  be  prima  facie  evidence 
of  the  facts  therein  contained;  but  the  owner  or  owners  of  any  street 
railway  or  the  board  of  persons  having  the  title,  custody  or  control  of 
any  school  property  or  public  library  shall  not  be  considered  or  counted 
by  the  city  engineer,  as  owner  or  owners,  in  examining  the  aforesaid  peti¬ 
tion  or  consent  or  making  the  aforesaid  certificate. 

§  127.  Curbs  and  gutters  included  as  part  of  certain  improvements. 
Whenever  the  common  council  shall  deem  it  necessary  to-  cause  curbs 
to  be  set  or  reset  or  renewed,  or  gutters  to  be  paved  or  repaved,  on  and 
along  any  street  or  portion  thereof  which  is  to  be  paved,  asphalted,  or 
macadamized,  or  on  which  the  pavement,  asphalting  or  macadamizing 
it  to  be  renewed,  such  setting  or  resetting  or  renewing  of  curbs,  or  paving 
or  repaving  of  gutters,  shall  be  included  in  and  become  a  part  of  the 
proceedings  and  improvements  of  paving,  asphalting  or  macadamizing,  or 
renewing  of  the  paving,  asphalting  or  macadamizing  of  such  street  or 
part  of  a  street,  and  in  making  the  assessments  as  hereinafter  provided 
such  curbing  or  paving  or  repaving  of  gutters  shall  be  included  therein. 

§  128.  District  of  assessment.  After  the  common  council  shall  have 
declared  its  intention  to  make  any  such  local  improvement,  except  as  to 
gutters,  sidewalks  and  sprinkling  streets,  and  except  as  to  any  of  the 
improvements  mentioned  in  section  one  hundred  and  forty  of  this  act, 
and  as  to  which  the  provisions  of  this  section  are  not  applicable,  before 
ordering  the  same  done  the  common  council  shall  establish  a  district 
of  assessment,  which  shall  contain  all  the  property  which,  in  the  judg¬ 
ment  of  the  common  council,  is  likely  to  be  benefited  by  such  local 
improvement,  and  may  at  any  time  enlarge  said  district,  and  cause  no¬ 
tices  to  be  published  and  served  upon  all  persons  within  such  enlarge¬ 
ment.  As  to  gutters,  sidewalks  and  sprinkling  streets,  the  common  coun¬ 
cil  may  establish  a  district  of  assessment  or  not  in  its  discretion. 

*  §  129.  Special  provisions  as  to  sewers.  Each  resolution  of  the  common 
council  declaring  its  intention  to  construct  a  sewer  shall  specify  therein 
the  two  points  between  which  it  is  proposed  to  construct  the  same,  the 
size  thereof,  and  the  material  of  which  it  is  proposed  to  be  constructed. 
The  city  engineer  shall  forthwith  on  the  passage  of  any  such  resolution 
make  a  survey  and  prepare  a  map  showing  all  the  property  within  the  city 
likely  to  be  benefited  by  such  sewer,  and  a  profile  thereof,  and  an  estimate 
of  the  material  required,  the  total  cost  of  constructing  such  sewer,  and 
shall  file  such  map,  profile  and  estimate  with  the  city  clerk  before  the 
city  clerk  shall  publish  or  serve  notices  of  the  proposed  construction  of 
such  sewer.  The  common  council  may  order  sewers  for  the  drainage  of 
streets,  cellars,  buildings,  lots,  pools,  vaults  or  for  any  other  proper 
sewerage  purpose,  to  be  constructed  in  any  street,  and,  with  the  consent 


As  amended  by  Chap.  326,  Laws  of  1916. 


57 


of  the  owners  in,  upon  or  across  any  real  property  outside  of  a  street.  If 
the  common  council  shall  declare  its  intention  to  construct  any  sewer  in, 
upon  or  across  real  property  outside  of  the  streets  of  said  city,  whether 
upon  lands  or  easements  owned  by  a  railroad  corporation  or  otherwise, 
and  the  owners  of  such  real  property  or  easement  therein  shall  not  con¬ 
sent  thereto,  and  the  city  is  unable  to  agree  with  the  owners  of  such  real 
property  or  of  such  easement  upon  the  compensation  to  be  made  therefor, 
the  common  council,  in  the  name  and  behalf  of  the  city  may  acquire  the 
necessary  title,  easement  or  right  in  or  to  such  real  property  or  easement 
for  such  sewer  by  condemnation  in  the  mode  prescribed  in  the  code  of  civil 
procedure.  The  costs  and  expenses  of  such  condemnation  proceedings, 
together  with  the  compensation  paid  to  the  owner  or  owners  of  such  real 
property  for  such  right,  title  or  easement,  shall  be  a  part  of  the  expense 
of  the  sewer  for  which  the  land,  right  or  easement  was  acquired.  Such 
sums  for  inspection  of  the  sewer  as  the  officer  making  the  local  assessment 
shall  allow,  based  upon  the  actual  cost  thereof,  shall  be  included  in  the 
expense  of  constructing  the  sewer. 

*  §  130.  Notice  of  proposed  improvement.  If  a  district  of  assess¬ 
ment  has  been  established,  then  upon  the  passage  of  a  resolution  of  the 
common  council  declaring  its  intention  to  make  a  local  improvement  the 
expense  of  which  is  payable  wholly  or  partly  by  local  assessment,  and  if 
the  local  improvement  be  a  sewer,  upon  the  passage  of  such  resolution 
and  the  filing  by  the  city  engineer  of  his  map,  profiles  and  estimates  in 
relation  thereto,  the  clerk  shall  prepare  and  sign  a  written  notice  of  the 
•proposed  improvement,  and  stating  that  at  a  meeting  of  the  common 
council  to  be  held  at  a  date  specified  therein  the  common  council  will 
hear  any  persons  interested  in  relation  to  such  improvements,  who  have 
filed  objection  as  hereinafter  provided.  Any  person  interested  in  such 
improvement  may  file  his  objection  thereto  at  any  time  prior  to  or  at 
such  meeting  of  the  common  council.  All  persons  interested  who  do  not 
file  objections  before  or  at  such  meeting  shall  be  deemed  to  have  acquiesced 
in  the  proposed  improvement.  Such  notice  shall  be  published  at  least 
once  in  each  of  the  official  newspapers  of  the  city  at  least  ten  days  be¬ 
fore  the  expiration  of  the  time  for  objecting  thereto,  and  shall  be  served 
upon  each  person  appearing  by  the  records  of  the  Fulton  county  clerk’s 
office  to  be  the  owner  of  property  within  the  district  of  assessment  fixed 
for  such  improvement,  as  follows:  By  delivering  to  him  personally  a 
copy  thereof  or  by  leaving  a  copy  thereof  at  his  residence  in  said  city 
with  some  member  of  his  family  or  some  person  of  suitable  age  or  dis¬ 
cretion,  or  by  service  as  above  described  on  his  agent  or  other  person 
having  the  property  in  charge,  or  by  depositing  it  in  the  post-office  proper¬ 
ly  enclosed  and  the  postage  prepaid  thereon,  directed  to  such  owner  at  his 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


58 


last  known  place  of  residence.  If  there  be  two  or  more  owners  of  any  one 
piece  of  property,  service  on  any  one  of  them  shall  be  sufficient  notice 

to  the  owners  of  such  piece  of  property.  Affidavits  of  the  service  and 

publication  of  such  notice  may  be  filed  or  recorded,  or  both,  in  the  office 
of  the  city  clerk,  and  the  affidavits  or  record  thereof,  or  a  certified  copy 
of  either,  shall  in  all  courts  and  places,  actions  or  proceedings  be  prima 
facie  evidence  of  the  facts  stated  therein. 

§  131.  Objections  to  improvements  and  decisions  thereon.  Objections 
to  such  improvements  must  be  made  in  writing  and  filed  with  the 
city  clerk,  before  or  at  the  meeting  specified  in  such  notice,  and  the 

common  council  may,  at  the  meeting  specified  in  the  notice,  or  at  any 

regular  meeting  within  two  months,  subject  to  the  mayor’s  veto  as  in 
other  cases,  order  the  improvement  to  be  made;  but  the  provisions  of 
this  section  shall  not  apply  to  any  of  the  improvements  mentioned  in  sec¬ 
tion  one  hundred  and  forty  of  this  act. 

§  132.  Expenses,  by  whom  assessed.  Upon  the  certificate  of  the  city 
engineer  that  the  work  of  any  local  improvement  has  been  completed, 
excepting  it  be  anj'  of  the  improvements  mentioned  in  section  one  hun¬ 
dred  and  forty  of  this  act,  as  to  which  the  provisions  of  this  section 
are  not  applicable,  the  common  council  shall  direct  the  cost  thereof 
to  be  assessed  by  the  city  engineer;  and  it  shall  be  the  duty  of  said 
engineer  to  immediately  assess  the  cost  of  such  local  improvement 
upon  the  property  lying  within  the  district  of  assessment  declared  for 
such  improvement,  if  one  has  been  established,  and  if  not,  then  upon 
the  property  abutting  upon  such  improvement  in  an  equitable  manner, 
as  near  as  may  be,  in  proportion  to  the  benefits  which  each  owner  of 
such  property  may  be  deemed  to  derive  therefrom,  without  reference  to 
erections  or  improvements  thereon;  and  when  such  local  improvement 
consists  of  a  sewer  across  real  property  outside  of  the  streets  of  said 
city,  and  the  city  has  acquired  by  purchase  or  condemnation  the  title, 
easement  or  right  to  such  real  property,  said  city  engineer  shall  assess  such 
part  or  proportion  of  the  cost  thereof  upon  the  said  city  and  such  part 
locally  as  has  been  designated  by  the  common  council.  Except  as  herein 
otherwise  provided,  the  cost  of  any  local  improvement,  shall  be  deemed 
to  include  the  entire  expense  thereof  (including  inspection),  except  the 
engineering  and  publishing  and  serving  notices.  When  the  city  engineer 
is  disqualified  to  act  by  reason  of  owning  or  being  interested  in  any 
real  property  within  the  district  of  assessment  or  by  reason  of  relation¬ 
ship  to  any  of  the  parties  likely  to  be  affected  by  the  assessment  therein 
for  such  local  improvement,  by  consanguinity  or  affinity,  within  the  sixth 
degree,  to  be  determined  in  the  same  manner  as  in  the  case  of  a  judge, 
or  unable  to  act,  his  duties  with  reference  to  such  assessment  shall  de¬ 
volve  upon  and  be  performed  by  the  city  assessor. 


59 


*  §  133.  Assessment- roll.  He  shall  make  out  an  assessment-roll  and  a 
duplicate  thereof,  both  of  which  shall  be  deemed  originals,  and  set  the 
amount  of  the  tax  assessed  in  the  last  column  of  the  rolls,  opposite  the 
name  of  the  person,  corporation,  association  or  property  assessed,  and 
shall  leave  the  said  rolls  at  the  office  of  the  city  clerk,  and  thereupon 
give  public  notice  in  the  official  newspapers,  at  least  once,  at  least  one 
week,  prior  thereto,  that  such  assessment-rolls  have  been  prepared  and 
will  remain  at  the  office  of  the  city  clerk  for  the  term  of  fifteen  days  from 
the  date  of  such  notice,  during  which  time  any  person  interested  may 
examine  said  rolls,  and  at  the  expiration  of  said  fifteen  days,  and  on  the 
day  and  hour  and  at  the  place  to  be  specified  in  said  notice  the  said  city 
engineer  or  city  assessor,  as  the  case  may  be,  shall  attend  and  hear  any 
objections  to  said  assessment,  and  shall  decide  upon  the  same  and  shall, 
if  need  be,  alter  and  correct  said  assessment-rolls,  and  when  completed, 
sign  the  same  and  file  them  with  the  city  clerk. 

**§  134.  Appeal  from  assessment.  Any  party  thinking  himself  aggrieved 
may,  at  any  time  within  ten  days  after  filing  the  assessment-rolls  with 
the  city  clerk,  as  provided  in  the  last  section,  file  with  the  city  clerk  a 
written  notice  of  appeal  therefrom,  briefly  stating  the  grounds  of  such 
appeal.  The  common  council  shall  thereupon  proceed  to  hear  and  deter¬ 
mine  such  appeal  or  appeals,  upon  view  of  the  property  assessed  or  upon 
evidence,  or  both,  and  affirm  or  reverse  the  assessment.  In  case  of  affirm¬ 
ance,  it  shall  be  final  and  conclusive  and  the  proceedings  thereafter  to 
collect  the  said  assessment  shall  remain  the  same  as  if  no  appeal  had  been 
taken.  Said  assessment- roll  shall  be  signed  by  the  mayor  and  a  majority 
of  the  aldermen  in  office.  In  case  of  reversal,  the  common  council  shall 
appoint  three  disinterested  electors  of  the  city  as  commissioners,  who 
shall  proceed  in  like  manner,  upon  view  of  the  property  assessed  or  upon 
evidence,  or  both,  to  make  a  new  assessment,  and  for  such  purpose  be  in¬ 
vested  with  the  same  powers  as  the  city  engineer  or  assessor  had  in  mak¬ 
ing  the  original  assessment.  They  shall  make  their  tax-rolls  in  the  same 
manner  and  sign  the  same  and  file  them  with  the  city  clerk,  and  the  same 
shall  be  final  and  conclusive  on  all  parties.  Such  commissioners  shall 
receive  ten  dollars  per  day  for  their- services,  to  be  paid  by  the  city,  unless 
the  assessments  of  the  appellants,  as  determined  by  said  commissioners, 
shall  be  less  favorable  to  them  than  the  assessment  appealed  from,  in 
which  case  the  fees  of  such  commissioners  shall  be  paid  by  the  appellants 
and  added  to  the  amount  of  their  taxes  respectively  by  the  commissioners, 
in  proportion  to  the  amount  thereof. 

t  §  135.  Collection  of  local  assessment.  If  no  appeal  be  taken  from  the 


*  As  amended  by  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  326,  Laws  of  1916. 
t  As  amended  by  Chap.  326,  Laws  of  1916. 


60 


first  assessment- roll  filed  with  the  city  clerk,  or  if  an  appeal  be  taken 
therefrom  and  such  assessment  be  affirmed,  the  common  council  shall  cause 
the  proper  warrant  to  be  attached  to  one  of  said  assessment- rolls  and  to 
the  other  a  copy  of  said  warrant,  and  the  chamberlain’s  receipt  for  said 
special  assessment-roll  and  warrant,  and  file  the  same  with  the  city  clerk, 
who  shall  deliver  the  said  assessment- roll,  with  warrant  attached,  to  the 
city  chamberlain  and  secure  his  signature  to  the  receipt  therefor  in  the 
duplicate  roll  filed  in  his  office.  If  an  appeal  be  taken  from  such  assess¬ 
ment  and  the  same  be  reversed,  the  common  council  shall  cause  the  proper 
warrant  to  be  attached  to  one  of  the  second  assessment-rolls  filed  by  such 
commissioners,  and  to  the  other  a  copy  of  said  warrant  and  the  chamber¬ 
lain’s  receipt  for  said  assessmen-roll  and  warrant,  and  the  city  clerk  shall 
deliver  said  assessment-roll  and  warrant  to  the  chamberlain  and  secure 
his  signature  to  the  receipts  therefor  in  the  duplicate  roll  filed  in  his 
office.  Said  warrant  shall  be  signed  by  the  mayor  and  a  majority  of  the 
aldermen  in  office.  Whenever  the  assessment-roll  and  the  warrant  for 
its  collection  for  any  local  improvement  shall  be  left  with  the  city  cham¬ 
berlain,  he  shall  receive  the  taxes  thereon  for  the  first  twenty  days  with¬ 
out  fees,  for  twenty  days  thereafter  at  two  per  centum  fees,  and  for  the 
succeeding  twenty  days  at  five  per  centum  fees,  and  shall  give  notice  to 
that  effect  immediately  upon  receipt  of  said  assessment-roll  by  publication 
thereof  in  the  official  papers  of  the  city.  If  any  such  taxes  remain  un¬ 
paid  at  the  expiration  of  sixty  days  from  the  time  of  the  delivery  of  said 
assessment-roll  to  the  chamberlain,  the  said  chamberlain  shall  proceed 
to  collect  the  same,  with  the  fees  thereon  and  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  in  the  same  manner  directed  in  this 
act  for  the  collection  of  county  or  city  taxes  by  distress  and  sale.  The 
amounts  so  assessed  shall  be  a  lien  on  the  lands  and  premises  mentioned 
in  said  assessment-roll  and  adjoining  which  such  improvements  have 
been  made,  from  the  time  of  the  filing  of  the  same  in  the  office  of  the  city 
clerk,  and  the  common  council  may,  in  its  discretion,  sue  for  and  recover 
in  a  civil  action  of  the  owner  any  sum  which  shall  remain  unpaid  after 
the  expiration  of  sixty  days  from  the  filing  of  said  assessment-roll. 

*  §  136.  Payment  by  installments  for  improved  pavements;  issue  of  bonds 
therefor.  Whenever  the  common  council,  in  accordance  with  the  pro¬ 
visions  of  this  act,  shall  have  declared  its  intention  to  pave  or  repave 
with  asphalt,  granite  or  other  improved  pavement,  or  to  macadamize  or 
remacadamize  any  street  or  part  of  a  street,  the  said  common  council 
may,  by  resolution  adopted  by  a  two-thirds  affirmative  vote  of  all  the 
aldermen  in  office,  declare  that  all  the  provisions  of  this  section  shall 
apply  to  the  making  of  such  improvement,  the  assessment  of  the  cost 
thereof,  and  the  payment  of  such  assessment.  The  common  council  shall 


*  As  amended  by  Chap.  671,  Laws  of  1907. 


61 


thereupon  authorize  and  direct  the  city  engineer  to  make  all  necessary 
surveys,  establish  all  grades,  and  prepare  all  necessary  plans  and  specifi¬ 
cations  for  such  improvement.  The  city  engineer  shall  have  charge  of 
and  superintend  the  same  until  its  completion  and  furnish  an  estimate 
of  the  probable  cost  and  expense  thereof.  A  map  showing  the  surveys 
made  and  grades  established,  together  with  the  plans  and  specifications 
adopted  by  the  common  council,  shall  be  filed  with  the  city  clerk. 

*  a.  After  the  adoption  of  the  plans  and  specifications  as  herein  provided 
and  the  determination  of  the  kind  and  quality  of  materials  to  be  used  in 
making  such  improvement,  the  common  council  may  advertise  and  receive 
sealed  proposals  therefor,  in  such  manner  as  the  common  council  shall 
prescribe,  and  the  contract  therefor  may  be  let  to  the  lowest  responsible 
bidder  who  shall  comply  with  the  requirements  of  the  common  council, 
in  giving  a  satisfactory  bond  for  the  faithful  performance  of  the  contract, 
and  indemnifying  the  city  from  damages  arising  out  of  the  performance 
thereof  ;  or  the  common  council  may,  in  its  discretion,  cause  such  im¬ 
provement  to  be  made  either  by  contract  let  as  above  provided,  or  by  its 
servants  or  employees  without  the  letting  of  a  contract  therefor. 

**b.  The  common  council  shall,  within  a  reasonable  time  after  the  com¬ 
pletion  of  such  improvement,  direct  the  cost  thereof  to  be  assessed  by 
the  city  engineer,  or  in  case  of  his  disqualification,  by  the  city  assessor,  as 
provided  in  section  one  hundred  and  thirty-two  of  this  act.  The  cost  of 
such  improvement  shall  be  assessed  as  provided  in  section  one  hundred 
and  twenty-three  of  this  act,  and  sections  dne  hundred  and  thirty-three, 
one  hundred  and  thirty-four  and  one  hundred  and  thirty-five  of  this  act 
shall  apply  to  the  making  of  such  assessment  and  the  collection  thereof, 
except  as  otherwise  provided  in  this  section. 

c.  The  assessments  made  on  account  of  such  improvement  shall  be 
payable  in  five  equal  annual  installments.  The  first  installment  shall 
be  payable  immediately  after  the  delivery  of  the  first  warrant  for  the 
collection  thereof  to  the  city  chamberlain,  and  the  remaining  installments 
shall  be  payable  each  successive  year  thereafter  on  warrants  issued  for 
the  collection  thereof,  with  interest  on  the  whole  amount  of  such  assess¬ 
ment  remaining  unpaid,  at  the  same  rate  as  is  provided  in  the  bonds  or 
certificate  of  indebtedness  hereinafter  mentioned  from  the  twentieth 
day  after  the  first  warrant  is  so  delivered  to  the  chamberlain,  payable 
with  each  of  said  installments,  and  every  installment  of  such  assess¬ 
ment  with  accrued  interest  thereon  shall  be  a  lien  upon  the  real  estate 
against  which  the  same  was  assessed.  The  proceeds  of  all  assessments 
and  taxes  collected  by  the  chamberlain  of  the  persons  assessed,  as  pro¬ 
vided  in  this  section,  shall  be  applied  to  the  payment  of  the  bonds  or 


*  As  amended  by  Chap.  671,  Laws  of  1907,  and  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  671,  Laws  of  1907. 


62 


certificates  of  indebtedness  hereinafter  provided  for,  and  the  interest 
thereon,  as  the  same  shall  become  due;  and,  in  no  case,  shall  the  pro¬ 
ceeds  of  such  taxes  or  assessments  be  used  for  any  other  purpose  than 
the  payment  of  said  bonds  or  certificates  of  indebtedness  and  the  interest 
thereon,  except  the  first  installment  thereof,  which  shall  be  applied  to  the 
payment  of  the  cost  of  such  improvement. 

d.  One-fifth  of  such  portion  of  the  cost  of  such  improvement  as,  under 
the  provisions  of  section  one  hundred  and  twenty-three  of  this  act,  is 
payable  by  the  city,  shall  be  paid  by  the  common  council  out  of  the 
street  fund  of  said  city,  levied  and  collected  for  the  year  in  which  such 
improvement  is  made,  and  one-fifth  of  the  city’s  portion  of  the  cost  of 
such  improvement,  with  interest  on  the  bonds  or  certificates  of  indebt¬ 
edness  issued  to  provide  for  the  payment  of  the  remaining  four-fifths 
of  the  city’s  portion  of  the  cost  of  such  improvement,  as  hereinafter  pro¬ 
vided,  remaining  outstanding  and  unpaid,  shall  be  appropriated  from 
the  city  taxes  raised  annually  each  year  thereafter,  until  the  city’s  por¬ 
tion  of  such  improvement  has  been  provided  for,  and  transferred  by  the 
common  council  from  the  street  fund  to  the  pavement  fund,  and  used 
and  applied  by  the  common  council  in  paying  and  cancelling  the  bonds 
or  certificates  of  indebtedness  issued  pursuant  to  this  section  and  the 
interest  thereon. 

e.  To  provide  for  the  payment  of  the  remaining  four- fifths  of  that 
portion  of  the  cost  of  such  improvement  as,  under  section  one  hundred  and 
twenty-three  of  this  act,  is  payable  by  the  city,  and  to  provide  funds  for 
the  payment  of  such  portion  of  the  cost  of  such  improvement  as  shall 
have  been  locally  assessed  as  herein  provided  and  remains  unpaid,  the 
common  council  may  borrow  upon  the  faith  and  credit  of  the  city  such 
money  as  may  be  necessary,  to  the  extent  of  four-fifths  of  the  total  cost 
of  such  improvement,  and  may  issue  bonds  therefor  payable  at  such  times 
and  in  such  amounts  as  such  local  assessments  before  specified  shall 
become  due  and  payable,  and  as  such  portion  of  the  cost  of  such  im¬ 
provement  as  is  payable  by  the  city  is  provided  herein  to  be  raised,  as 
near  as  may  be  practicable.  Each  of  said  bonds  shall  be  signed  by  the 
mayor  and  countersigned  by  the  clerk  and  the  chamberlain  of  said  city, 
and  shall  be  delivered,  when  issued,  to  the  chamberlain  and  shall  be  sold 
by  him  as  provided  in  this  act.  All  moneys  derived  from  the  sale  of  said 
bonds  shall  be  kept  by  the  chamberlain  as  a  separate  fund,  designated 
as  the  pavement  fund,  and  all  moneys  paid  from  said  fund  shall  be  upon 
warrants  of  the  common  council,  signed  by  the  mayor,  countersigned  by 
the  city  clerk,  and  accepted  by  the  city  chhmberlain  of  said  city,  payable 
at  the  bank  where  the  fund  upon  which  they  are  drawn  is  deposited. 

f.  If  any  of  said  installments,  so  locally  assessed,  or  any  part  there¬ 
of,  either  principal  or  interest,  shall  remain  unpaid  for  sixty  days  after 
the  time  of  the  delivery  of  the  warrant  for  the  collection  thereof  to  the 


63 


chamberlain,  then  and  in  that  case,  the  whole  amount  of  such  unpaid 
assessment,  together  with  the  interest  thereon  for  the  full  time  for  which 
such  payments  were  extended  or  deferred,  against  the  defaulting  party, 
shall  become  due  and  payable  immediately  after  the  default  so  made,  and 
the  common  council  shall,  by  its  warrant,  command  the  said  chamberlain  to 
collect  the  same,  with  interest,  costs  and  fees,  immediately,  and  the  same 
shall  be  collected  in  the  manner  provided  by  this  act  for  the  collection 
of  assessments  for  other  local  improvements. 

g.  No  action  to  set  aside,  cancel  or  annul  any  assessment  made  under 
the  provisions  of  this  section  shall  be  maintained  by  any  person,  unless 
such  action  shall  have  been  commenced  within  thirty  days  after  the 
delivery  to  the  city  chamberlain  of  the  first  assessment- roll  and  warrant 
as  provided  in  this  act,  and  unless  within  thirty  days  an  injunction 
shall  have  been  procured  by  such  person  from  a  court  of  competent  juris¬ 
diction  restraining  the  common  council  from  issuing  bonds  as  hereinbe¬ 
fore  provided. 

§  137.  Special  provisions  as  to  farm  lands.  Whenever  any  street  or 
part  of  a  street  in  said  city  has  been  macadamized  or  remacadamized, 
paved  or  repaved  with  brick,  granite,  asphalt  or  other  improved  pave¬ 
ment,  and  the  cost  and  expense  therof  has  been  assessed  as  provided 
in  section  one  hundred  and  twenty-three  of  this  act,  and  lands  charge¬ 
able  with  the  payment  of  any  portion  of  such  cost  and  expense  were 

designated  in  the  last  preceding  assessment-roll  as  farm  lands,  the  com¬ 
mon  council  shall  thereupon  by  resolution  remit  fifty  per  centum  of  the 

sum  assessed  against  the  owner  of  such  farm  lands  by  reason  of  his 

ownership  thereof,  and  direct  the  payment  of  the  sum  so  remitted  out 
of  the  street  fund. 

*  §  138.  Construction  and  repair  of  sidwalks,  curbstones,  gutters  and 
culverts;  payment  by  installments;  issue  of  bonds  therefor.  Whenever  the 
common  council  shall  deem  it  necessary  that  any  sidewalk,  curbstone, 
gutter  or  culvert  be  made,  constructed,  reset,  relaid,  or  repaired,  as  a 
distinct  and  independent  improvement  unconnected  with  the  paving, 
asphalting,  or  macadamizing  of  the  adjoining  street,  it  may  by  ordinance 
require  that  such  improvement  be  made  by  or  at  the  expense  of  the  owner 
or  occupant  of  the  adjoining  property.  Such  ordinance  shall  prescribe 
the  materials  to  be  used  in  making  such  improvement,  the  width  and 
thickness  thereof  if  the  improvement  be  a  sidewalk,  the  form  and  manner 
of  construction  if  the  improvement  be  a  curbstone,  gutter  or  culvert,  the 
time  within  which  the  work  shall  be  done,  and  shall  require  that  such  im¬ 
provement  shall  conform  to  the  grade  established  or  to  be  established 
therefor.  At  least  ten  days  before  the  expiration  of  the  time  specified  in 
the  ordinance  the  common  council  shall  cause  to  be  served  upon  the  owners 


*  As  amended  by  Chap.  671,  Laws  of  1907. 


64 


or  occupants  of  the  land  adjoining  such  sidewalk,  curbstones,  gutter  or 
culvert  so  to  be  improved  as  aforesaid,  a  copy  of  such  ordinance,  with  a 
notice  that  if  the  work  therein  required  be  not  done  by  such  owners  or 
occupants  within  the  time  specified  in  such  ordinance  the  common  council 
will  cause  the  same  to  be  done  at  the  expense  of  such  owner  or  occupant. 
Such  notice  and  ordinance  shall  be  served  upon  each  of  such  owners  or 
occupants  by  delivering  a  copy  thereof  to  him  personally,  or  by  leaving 
the  same  in  his  absence  with  some  member  of  his  family  or  some  person 
of  suitable  age  and  discretion  residing  with  him,  if  he  be  a  resident  of 
the  city,  or  otherwise  on  his  agent  or  other  person  having  charge  of  the 
property,  or  by  depositing  the  same  in  the  post-office,  properly  inclosed 
and  the  postage  prepaid  thereon,  and  directed  to  such  owner  at  his  last 
known  place  of  residence;  or  in  case  such  owner  or  his  place  of  residence 
is  unknown,  and  there  be  no  resident  agent  or  occupant  to  the  knowledge 
of  the  common  council,  by  affixing  a  copy  of  such  ordinance  and  notice 
upon  a  conspicuous  part  of  the  premises.  If  there  be  two  or  more  owners 
of  any  piece  of  property  service  upon  one  of  them  shall  be  sufficient. 
Affidavits  of  the  publication  or  service  of  such  notice  and  ordinance  may 
be  filed  or  recorded,  or  both,  in  the  office  of  the  clerk  of  said  city,  and  the 
affidavits  or  the  record  thereof,  or  a  certified  copy  of  either,  shall  in  all 
courts  and  places,  actions  and  proceedings,  be  prima  facie  evidence  of  the 
facts  therein  stated.  If  the  improvement  directed  by  the  ordinance  is  not 
completed  as  required  within  the  time  specified  therein,  the  common  council 
may  cause  the  improvement  to  be  made,  and  having  done  so,  shall,  with¬ 
out  giving  any  other  or  further  notice,  upon  affidavits  of  the  city  engineer 
or  superintendent  of  streets  having  the  work  in  charge  as  the  case  may  be, 
showing  the  actual  expense  thereof,  which  affidavits  shall  be  filed  with 
the  city  clerk,  proceed  to  make  a  special  assessment-roll  and  duplicate 
thereof,  both  of  which  shall  be  deemed  originals,  assessing  against  the 
delinquent  owners  or  occupants  and  upon  each  parcel  or  lot  of  land  owned 
or  occupied  by  them  immediately  adjoining  the  sidewalk,  curbstones,  gut¬ 
ter  or  culvert  so  built  or  repaired  by  the  city,  the  cost  and  expense  of 
such  improvement,  which  assessment-rolls  when  completed  shall,  be  filed 
in  the  office  of  the  city  clerk.  Whereupon  the  city  clerk  shall  give  notice 
in  the  official  newspapers  of  the  city  that  the  special  assessment-roll  has 
been  left  with  him  and  may  be  examined  by  any  party  interested,  and  that 
at  a  time  and  place  to  be  specified  in  said  notice,  which  shall  not  be  less 
than  ten  days  from  the  first  publication  thereof,  the  common  council  will 
hear  and  act  upon  the  application  of  any  person  deeming  himself  aggrieved 
by  said  special 'assessment.  After  hearing  all  such  applications  the  com¬ 
mon  council  may  proceed  to  make  such  alterations  and  corrections,  if 
any,  in  said  special  assessment-roll  as  it  may  deem  just,  and  by  resolu¬ 
tion  confirm  the  same,  and  said  assessment  shall  thereupon  become  and  be 
final  and  conclusive  upon  all  parties  interested  in  said  real  estate  or 


affected  thereby,  and  the  amount  assessed  shall  be  a  lien  upon  the  lands 
and  premises  mentioned  in  said  assessment-roll  and  adjoining  which  said 
improvements  have  been  made.  Where  an  assessment  has  been  made 
under  this  section  to  defray  the  cost  and  expense  of  constructing  a  side¬ 
walk  of  stone  or  cement,  or  of  any  material  other  than  wood,  the  common 
council,  at  the  time  it  shall  confirm  the  assessment,  may  provide  by  ordi¬ 
nance  adopted  by  a  two-thirds  affirmative  vote  of  all  the  aldermen  in 
office,  that  the  owners  or  occupants  of  any  real  estate  against  which  such 
assessment  has  been  made  may  have  the  privilege  of  paying  their  re¬ 
spective  assessments  in  five  annual  installments,  as  near  equal  as  may 
be,  upon  filing  with  the  city  clerk,  within  a  time  specified  in  the  ordinance 
their  election  and  agreement  to  pay  such  assessments  in  five  annual  in¬ 
stallments  with  interest  thereon  at  five  per  centum  per  annum,  payable 
annually.  Such  ordinance  shall  be  published  at  least  once  in  the  official 
newspapers  of  the  city  not  less  than  ten  days  prior  to  the  expiration  of 
the  time  specified  in  the  ordinance,  and  a  copy  of  the  ordinance  with 
notice  of  its  adoption  shall  be  served  upon  each  of  the  persons  so  assessed, 
by  depositing  a  copy  thereof,  inclosed  in  a  post-paid  wrapper,  addressed 
to  the  person  assessed  at  his  or  her  last  known  place  or  residence  in  the 
post-office  in  the  city  of  Johnstown,  at  least  five  days  prior  to  the  time 
specified  in  such  ordinance  for  filing  such  election  and  agreement.  In  case 
any  person  assessed  shall  fail  or  neglect  to  file  with  the  city  clerk  such 
election  and  agreement  within  the  time  limited  such  failure  or  neglect 
shall  be  deemed  a  rejection  of  the  privilege  of  paying  the  assessment 
by  installments,  and  his  or  her  assessment  shall  thereafter  be  payable  as 
an  entire  sum.  After  the  expiration  of  the  time  within  which  such  election 
and  agreement  may  be  made,  if  the  assessment  relates  to  the  construction 
or  repair  of  a  sidewalk,  or  after  the  confirmation  of  the  assessment,  if 
the  assessment  relates  to  the  construction,  setting,  laying,  or  resetting  or 
relaying  of  a  curb,  gutter  or  culvert,  if  no  appeal  has  been  taken  from  the 
assessment  as  provided  in  section  one  hundred  and  thirty-four  of  this 
act,  or  if  an  appeal  therefrom  has  been  taken  and  such  assessment  has 
been  affirmed,  such  special  assessment-roll,  together  with  a  warrant  for 
the  collection  of  taxes  therein  assessed,  and  each  election  and  agreement, 
if  any,  to  pay  in  installments  as  above  provided,  shall  be  left  with  the 
city  chamberlain  who  shall  proceed  to  collect  such  taxes  with  his  fees 
thereon.  Sections  one  hundred  and  thirty-three,  one  hundred  and  thirty- 
four  and  one  hundred  and  thirty- five  of  this  act  shall  apply  to  the  mak¬ 
ing  of  the  assessment  and  the  collection  thereof  except  as  otherwise  pro¬ 
vided  in  this  section.  Every  assessment  for  the  construction  or  repair 
of  a  curb,  gutter  or  culvert,  and  every  assessment  for  the  construction  or 
repair  of  a  sidewalk  where  the  same  has  not  been  made  payable  in  in¬ 
stallments  as  in  this  section  provided,  shall  be  payable  upon  the  delivery 
of  the  warrant  for  the  collection  thereof  to  the  city  chamberlain;  and  every 


66 


assessment  for  the  construction  or  repair  of  a  sidewalk  as  to  which  an 
election  and  agreement  to  pay  in  installments  has  been  filed  as  herein 
provided  under  an  ordinance  providing  therefor,  shall  be  payable  in  equal 
annual  installments,  the  first  installment  shall  be  payable  upon  the  de¬ 
livery  of  the  warrant  for  the  collection  of  the  assessment  to  the  city 
chamberlain,  and  each  subsequent  installment,  together  with  interest  at 
the  rate  of  five  per  centum  per  annum  upon  the  whole  amount  of  the 
assessment  remaining  outstanding  and  unpaid,  shall  be  payable  annually 
thereafter  until  fully  paid.  If  any  of  said  installments,  or  any  part  there¬ 
of,  either  of  principal  or  interest,  shall  remain  unpaid  for  sixty  days  after 
the  time  when  the  same  shall  be  payable,  then  and  in  that  case  the 
whole  amount  of  the  assessment  remaining  unpaid,  together  with  the  in¬ 
terest  thereon  for  the  full  time  for  which  payments  were  extended  or 
deferred,  shall  upon  such  default  become  due  and  payable  immediately, 
and  the  city  chamberlain  shall  thereupon  in  writing  notify  the  common 
council  of  such  default  and  of  the  amount  outstanding  and  unpaid,  and  the 
common  council  shall  by  its  warrant  direct  the  chamberlain  forthwith 
to  collect  the  amount  remaining  unpaid  with  interest,  ccsts  and  fees, 
and  the  same  shall  be  collectible  and  collected  accordingly.  Whenever 
under  this  section  the  expense  of  the  construction  or  repair  of  a  side¬ 
walk  or  sidewalks  has  become  payable,  in  whole  or  in  part,  in  install¬ 
ments  with  annual  interests,  the  common  council  may  borrow  upon  the 
faith  and  credit  of  the  city  such  money  as  may  be  necessary  to  antici¬ 
pate  the  payment  of  installments  not  due  at  the  time  of  the  issuing  to 
the  chamberlain  the  special  assessment-roll  and  warrant  for  the  collection 
thereof,  and  may  issue  bonds  therefor,  payable  at  such  times,  not 
exceeding  five  years,  with  interest  not  exceeding  five  per  centum 
per  annum,  as  it  may  deem  advisable.  Each  bond  so  issued  shall 
be  signed  by  the  mayor  and  countersigned  by  the  city  clerk  and  city 
chamberlain,  and  shall  be  delivered,  when  issued,  to  the  chamberlain, 
and  shall  be  sold  by  him  as  provided  by  this  act,  and  the  funds 
derived  from  the  payment  of  the  anticipated  installments  as  they 
become  due  shall  be  set  apart  as  a  special  fund  and  shall  be  applied  to 
the  payment  of  said  bonds,  and  not  otherwise.  No  action  to  set  aside, 
cancel  or  annul  any  assessment  made  under  the  provisions  of  this  section 
shall  be  maintained  by  any  person,  unless  such  action  shall  have  been 
commenced  within  thirty  days  after  the  delivery  to  the  city  chamberlain 
of  the  special  assessment-roll  and  warrant  as  provided  in  this  act,  and 
unless,  in  case  bonds  may  be  issued  under  this  section,  within  such  thirty 
days  an  injunction  shall  have  been  procured  from  a  court  of  competent 
jurisdiction  restraining  the  common  council  from  issuing  bonds  as  here¬ 
inbefore  provided.  The  gutters  in  streets  paved,  asphalted  or  macadamized, 
in  whole  or  in  part,  by  local  assessment  shall  be  kept  in  repair  at  the 
expense  of  the  city.  Whenever  the  grade  of  any  sidewalk  has  been  es- 


67 


tablished  by  the  city  and  recorded,  and  has  been  conformed  to  by  the 
owner  of  any  adjoining  property,  any  change  of  grade  thereafter  made  by 
the  city  must  be  made  at  the  expense  of  the  city. 

*  §  139.  Cleaning  sidewalks  and  gutters.  It  shall  be  the  duty  of  the 
owner  of  every  lot  or  piece  of  land  to  keep  the  gutters,  including  the  cul¬ 
verts,  and  the  sidewalks  adjoining  his  lot  or  piece  of  land  at  all  times 
clean  and  free  from  snow,  ice  or  other  obstructions.  It  shall  be  the  duty 
Of  such  owner  to  remove  new  ice  and  freshly  fallen  snow  from  such 
sidewalk  before  twelve  o'clock  of  each  day,  and  to  keep  the  same  so  cleaned 
and  removed  at  all  times.  In  case  such  owner  or  occupant  shall  neglect 
or  refuse  to  clean  said  sidewalk  within  such  time,  he  shall  be  subject  to 
such  fine  or  penalty  therefor  as  shall  be  prescribed  by  the  common  council, 
and  in  addition  thereto  the  superintendent  of  streets  shall,  in  such  case, 
proceed  to  clean  the  same  without  notice  to  such  owner  or  occupant.  In 
case  any  sidewalk  or  any  such  other  gutter  or  culvert  in  said  city  shall, 
at  any  time,  in  the  judgment  of  the  superintendent  of  streets  otherwise 
require  cleaning,  said  superintendent  shall  serve  a  notice  upon  the  owner 
of  the  adjoining  lot  requiring  him  to  clean  the  same  within  twenty-four 
hours  after  the  service  of  such  notice.  Such  notice  shall  be  served  in 
the  same  manner  as  the  notice  for  the  construction  or  repair  of  sidewalks, 
curbstones,  gutters  and  culverts,  as  provided  in  the  next  preceding  section. 
If  such  notice  be  served  by  mail  the  owner  shall  have  three  days  after 
service  thereof  within  which  to  comply  with  such  requirements.  If  any 
person  so  required  to  do  any  such  cleaning,  shall  neglect  or  refuse  to 
do  the  same  within  the  time  prescribed  therefor,  the  said  superintendent 
shall  clean  the  same  in  such  manner  as  he  shall  deem  proper  -and  suitable, 
in  which  case  he  shall  report  the  fact  and  the  expense  thereof  to  the  city 
clerk,  who  shall  give  notice  of  the  expense  thereof  to  the  owner  in  the 
same  manner  as  notice  to  do  the  cleaning,  requiring  the  payment  of  such 
expense  to  the  city  chamberlain  within  ten  days  after  the  delivery  or 
mailing  of  such  a  statement.  If  such  expense  be  not  paid  to  the  city 
chamberlain  within  the  time  prescribed  therefor,  the  said  superintendent 
shall  file  his  affidavit  of  the  actual  expense  thereof  with  the  clerk  of  the 
city,  and  the  same  shall  thereupon  be  assessed  by  the  common  council 
and  collected  the  same  as  other  local  assessments,  with  interest  thereon 
at  the  rate  of  six  per  centum  per  annum  from  the  time  such  affidavit 
was  filed. 

§  140.  Opening,  altering,  extending  and  laying  out  streets,  et  cetera. 

The  common  council  may  lay  out,  open  and  construct  streets  and 
public  grounds  and  places  in  said  city,  and  alter,  widen,  contract,  straight¬ 
en,  extend  or  discontinue  any  street,  public  ground  or  place  in  said  city, 
and  may  acquire  the  land  necessary  therefor.  It  may  by  ordinance 


As  amended  by  Chap.  660,  Laws  of  1910. 


68 


declare  its  intention  to  make  such  improvement  and  may  therein  deter¬ 
mine  to  assess  the  expense  and  damage  incurred  and  occasioned  thereby 
in  the  manner  hereinafter  provided.  Where  the  common  council  has 
declared  its  intention  to  make  such  improvement  it  shall  immediately 
direct  the  city  engineer  to  make  a  survey,  map  and  profile  of  the  street, 
public  ground  or  place,  and  of  the  adjoining  or  abutting  premises  affected 
by  such  improvement,  which  map  shall  show  the  situation  then  existing 
and  the  changes  or  improvements  proposed  to  be  made,  and  shall  also 
direct  the  said  city  engineer  to  prepare  plans,  specifications  and  esti¬ 
mates  for  the  construction  of  such  improvements,  showing  as  accu¬ 
rately  as  may  be  the  nature  and  cost  thereof.  For  the  purpose  of  making 
such  survey,  map,  profile,  plans,  specifications  and  estimates,  the  city 
engineer,  and  those  acting  under  his  direction,  may  enter  upon  any  lands 
in  the  city.  Such  map,  profile,  plans,  specifications  and  estimates  shall, 
when  completed,  be  filed  by  the  city  engineer  with  the  city  clerk.  If 
the  common  council  shall  approve  of  such  map,  profile,  plans,  specifica¬ 
tions  and  estimates,  it  shall  direct  the  city  clerk  to  give  notice  of  its  in¬ 
tention  to  make  such  improvement  to  the  owner  or  owners  of  the  lands 
to  be  taken,  appropriated  or  affected  by  such  improvement,  and  to  the 
persons  interested  in  such  lands,  by  publishing  such  notice  once  in  each 
week  for  two  consecutive  weeks  in  the  official  newspapers  of  the  city. 
Such  notice  shall  specify  in  general  terms  the  improvement  to  be  made, 
and  shall  state  that  such  owner  or  owners,  on  or  before  a  day  to  be 
therein  specified,  may  file  their  claims  for  damages,  if  any  they  have, 
on  account  of  such  taking,  appropriation  and  improvement,  with  the 
clerk  of  said  city;  that  such  claims  shall  be  in  writing,  subscribed  by 
the  claimant;  and  that  in  case  any  claim  for  damage  shall  be  filed  as 
aforesaid  the  common  council  will  apply  at  a  time  and  place  to  be  speci¬ 
fied  in  said  notice  to  a  special  term  of  the  supreme  court  in  the  fifth 
judicial  district,  or  to  the  county  court  of  Fulton  county,  for  the  appoint¬ 
ment  of  three  commissioners  to  ascertain  and  assess  the  damages  so 
claimed.  In  case  no  claim  for  damages  shall  be  filed  as  above  provided, 
such  owner  or  owners  shall  be  deemed  to  have  waived  all  claim  to  damages 
and  have  consented  and  agreed  to  such  improvement. 

§  141.  Guardians  ad  litem.  When  there  are  infants  or  other  incom¬ 
petent  persons  owners,  whose  property  is  affected  by  any  improvement 
provided  for  by  section  one  hundred  and  forty  of  this  act,  the  court  to 
whom  application  for  the  appointment  of  commissioners  is  made  or  a 
judge  or  justice  thereof,  shall  appoint  guardians  ad  litem  therefor  to 
protect  the  rights  and  interests  of  said  incompetent  persons. 

§  142.  Appointment,  powers  and  duties  of  commissioners.  If  a  claim  is 
filed  as  provided  in  section  one  hundred  and  forty  of  this  act,  the  common 
council,  at  the  time  and  place  specified  in  the  notice,  shall  apply  to  the 
court  named  therein  for  the  appointment  of  such  commissioners.  Such 


69 


application  shall  be  based  upon  a  petition  signed  and  verified  by  the 
mayor.  The  petition  shall  state  briefly  and  in  general  terms  the 
prior  proceedings  had  in  the  matter,  the  nature  of  the  improvement 
proposed  to  be  made,  and  describe  the  lands  to  be  taken  and  appro¬ 
priated  therefor  or  affected  thereby.  The  petition  shall  also  state  the 
names  and  places  of  residence  of  the  owners  of  the  lands  so  taken,  appro¬ 
priated  or  affected,  if  the  same  are  known  to  the  mayor  or  can  be  ascer¬ 
tained  by  reasonable  inquiry,  and  if  the  names  and  places  of  residence  are 
unknown  and  cannot  be  ascertained  by  reasonable  inquiry,  that  fact  may  be 
stated  and  the  extent  of  the  inquiry  made.  If  the  owner  of  the  lands  is  a 
non-resident  having  an  agent  or  attorney  residing  in  this  state  authorized 
to  contract  for  the  sale  of  the  lands,  the  name  and  place  of  residence 
of  such  agent  or  attorney  shall  be  stated  in  the  petition,  if  the  facts  are 
known  to  the  person  verifying  the  same.  The  petition  shall  also  state 
that  the  proceedings  is  brought  by  the  common  council  under  sections 
one  hundred  and  forty  and  one  hundred  and  forty-two  of  this  act,  and 
if  any  of  the  persons  whose  property  is  affected  by  the  improvement  are 
infants  or  incompetent  persons,  that  fact  shall  be  stated.  A  copy  of 
such  petition  shall  be  served  in  the  same  manner  as  a  summons  in  an 
action  in  the  supreme  court  upon  all  persons  who  have  filed  claims  as 
provided  in  section  one  hundred  and  forty  of  this  act,  at  least  eight 
days  before  the  time  when  the  application  is  to  be  made  as  specified  in 
the  notice.  If  it  shall  appear  upon  the  hearing  that  the  facts  stated  in 
the  petition  are  true,  or  if  the  same  are  not  controverted,  and  it  shall 
also  appear  that  the  lands  are  to  be  taken  and  appropriated  for  a  public 
use,  the  court  shall  appoint  three  commissioners  who  shall,  enter  upon 
the  performance  of  their  duties  without  delay,  shall  each  take  and  sub¬ 
scribe  an  oath  before  some  officer  authorized  to  administer  oaths,  faith¬ 
fully,  honestly  and  impartially  to  perform  his  duty  in  making  such  ascer¬ 
tainment  and  assessment  according  to  the  best  of  his  ability.  Said  com¬ 
missioners  shall  give  notice  of  the  time  and  place  of  their  meeting  to  make 
such  ascertainment  and  assessment  by  publishing  the  same  once  in  the 
official  newspapers  of  said  city.  At  the  time  and  place  so  appointed  for  the 
meeting,  they  shall  view  the  premises,  and  in  their  discretion  receive 
any  legal  evidence,  and  may,  if  necessary,  adjourn  from  day  to  day.  They 
shall  determine  and  award  to  the  owner  or  owners  so  claiming  damages 
as  aforesaid,  such  damages,  if  any,  as  in  their  judgment  such  owners 
will  sustain  by  reason  of  such  improvement  being  made,  after  making 
due  allowance  for  any  benefit  such  owner  or  owners  may  derive  there¬ 
from.  They  shall  at  the  same  time  assess  and  apportion  the  said  dam- 
ges,  if  any,  on  account  of  the  making  of  such  improvement,  on  the 
real  estate,  and  against  the  persons  benefited  thereby  as  nearly  as  may 
be  in  proportion  to  the  benefit  resulting  therefrom.  If  the  whole  of  such 
damages  cannot  justly  and  equitably  be  assessed  upon  the  real  estate 


70 


as  above  provided,  in  the  judgment  of  said  commissioners,  the  said 
commissioners  shall  assess  only  such  portion  thereon  as  in  their  opinion 
will  be  equitable  and  just,  and  the  balance  thereof  shall  be  paid  out  of 
the  street  fund  of  said  city,  and  said  commissioners  shall  so  state  in  their 
determination.  The  said  commissioners  shall  briefly  describe  the  real 
estate  upon  which  any  assessment  is  so  made  by  them,  and  shall  des¬ 
ignate  the  owner  or  owners  of  the  several  parcels  of  the  said  real  estate, 
and  what  parcels,  if  any,  are  owned  by  non-residents,  according  to  the 
best  information  they  can  obtain.  If  there  be  any  building  taken  for 
such  improvement,  the  value  thereof  to  remove  shall  be  ascertained  by 
said  commissioners  and  stated  in  their  determination,  and  the  owner 
thereof  may  remove  the  same  within  ten  days,  or  such  other  time  as 
the  common  council  may  allow  after  confirmation  of  the  assessment 
and  return  of  the  commissioners;  and  if  the  same  be  so  removed  the 
value  thereof  as  ascertained  by  said  commissioners  shall  be  deducted 
from  any  dmages*  awarded  such  owner;  if  such  building  be  not  so 
removed  by  the  owner  within  the  time  aforesaid,  it  may  be  sold  by 
the  common  council,  at  public  auction  to  the  highest  bidder,  and  re¬ 
moved  by  the  purchaser  at  such  sale  within  a  time  to  be  fixed  by  the 
common  council,  and  the  proceeds  of  such  sale  shall  be  paid  to  the  cham¬ 
berlain  and  by  him  placed  in  the  street  fund,  and  applied  towards  the 
moneys  required  for  making  such  improvement.  The  determination 
and  assessment  of  the  commissioners,  signed  by  all  of  them,  shall  be 
returned  to  the  common  council  within  sixty  days  after  their  appoint¬ 
ment,  but  the  time  during  which  an  injunction  shall  prevent  any  action 
in  regard  to  said  improvement,  and  the  time  during  which  any  appeal 
from  any  order  of  a  court,  or  any  determination  of  the  common  council, 
in  the  proceeding  for  the  making  of  said  improvement  or  in  relation 
thereto,  shall  be  pending  and  undetermined,  shall  form  no  part  of  the 
said  sixty  days.  If  any  of  the  commissioners  %hall  be  unable  to  serve 
or  continue  in  service  from  sickness  or  other  cause,  the  common  council 
may  at  any  time  without  further  notice  make  application  to  the  court 
which  appointed  said  commissioners  to  have  some  suitable  person  ap¬ 
pointed  in  his  stead,  and  such  court  shall  thereupon  make  such  appoint¬ 
ment;  and  said  commissioners  shall  proceed  in  the  same  manner  as  if 
no  such  change  in  the  commissioners  originally  appointed  had  been  made, 
but  in  case  of  such  disability  and  the  appointment  as  above  provided 
of  another  commissioner,  the  time  between  the  occurring  of  such  disa¬ 
bility  and  the  appointment  of  a  new  commissioner,  shall  form  no  part 
of  the  sixty  days  within  which  it  is  above  provided  said  commissioners 
must  return  their  determination  and  assessment  to  the  common  council. 

§  143.  Confirmation  or  annulment  of  assessment;  new  assessment. 


*  So  in  original. 


71 


After  the  determination  and  assessment  of  the  commissioners  provided 
for  in  the  preceding  section  shall  be  returned  to  the  council,  it  shall 
give  notice  by  publishing  the  same  once  in  the  official  newspapers  of 
said  city,  that  at  a  time  and  place  to  be  specified  in  said  notice,  the 
same  may  be  confirmed  by  said  common  council,  unless  objection  thereto 
be  made  by  some  interested  person.  All  such  objections  shall  be  made 
in  writing  and  filed  with  the  city  clerk.  If  no  objection  shall  have 
been  filed,  such  determination  and  assessment  may  be  confirmed  by  said 
common  council  at  the  time  and  place  named  in  the  aforesaid  notice, 
and  the  same  if  confirmed  shall  be  final  and  conclusive;  but  if  objec¬ 
tion  shall  have  been  filed  as  aforesaid,  the  persons  so  filing  the  same 
shall  have  a  right  to  be  heard  in  regard  thereto  on  the  day  specified  in 
said  notice,  or  on  such  day  or  days  as  the  common  council  may  appoint; 
and  the  said  common  council  shall  thereupon  either  confirm  such  deter¬ 
mination  and  assessment  or  annul  the  same.  If  the  common  council 
confirm  the  same  it  shall  be  final  and  conclusive;  but  if  the  common 
council  annul  the  same  it  shall  refer  the  matter  back  to  the  same  com¬ 
missioners,  or  to  three  others  to  be  appointed  upon  application,  without 
notice,  by  one  of  the  courts  authorized  to  appoint  the  original  commis¬ 
sioners  as  provided  in  the  preceding  section.  The  commissioners  to  whom 
such  matter  shall  be  so  referred  back,  or  the  new  commissioners  so  ap¬ 
pointed,  shall  proceed  in  the  same  manner  as  in  the  case  of  an  original 
determination  and  assessment,  and  the  common  council  shall  proceed 
thereon  as  though  it  were  the  original  determination  and  assessment. 
If  the  common  council  shall  confirm  the  second  determination  and  assess¬ 
ment,  the  same  shall  be  final  and  conclusive  on  all  parties  interested; 
but  if  it  annul  the  same,  then  all  proceedings  in  regard  to  the  matter 
shall  be  void. 

*  §  144.  Compensation  of  commissioners;  costs.  The  commissioners  ap¬ 
pointed  as  in  sections  one  hundred  and  forty-two  and  one  hundred  and 
forty-three  of  this  act  provided  shall  each  be  allowed  and  paid  ten  dollars 
for  each  day  actually  and  necessarily  employed  in  and  about  their  duties; 
and  such  compensation  and  fees  and  the  charges  of  surveyors  and  other 
necessary  costs  and  expenses,  all  of  which  shall  be  audited  by  the  common 
council,  shall  be  considered  part  of  the  expenses  of  such  improvement, 
and  shall  be  assessed  with  and  as  a  part  of  the  damages  as  provided  in 
sections  one  hundred  and  forty  and  one  hundered  and  forty-three  of  this 
act.  If  the  second  determination  and  assessment  is  annulled  by  the  com¬ 
mon  council  the  compensation  of  the  commissioners  and  all  other  necessary 
costs  and  expenses  shall  be  audited  by  the  common  council  and  paid  out  of 
the  street  fund. 

§  145.  Authorizing  improvements;  collection  of  assessments;  pay- 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


72 


ment  of  awards,  et  cetera.  After  the  final  determination  and  assess¬ 
ment  provided  for  in  sections  one  hundred  and  forty  and  one  hundred 
and  forty-tnree  of  this  act  shail  have  been  confirmed  by  the  common 
council,  the  same  shall  be  filed  in  the  office  of  the  city  clerk,  and  there¬ 
upon  said  common  council  may  authorize  said  improvements  to  be  made 
and  completed.  In  all  cases  where  the  whole  of  any  real  estate  subject 
to  any  lease  or  agreement  shall  be  taken  for  such  improvements,  all  the 
covenants  and  stipulations  contained  in  such  agreement  shail  upon  the 
final  confirmation  of  the  proceedings  for  such  improvement,  and  the 
direction  by  the  common  council  to  make  the  same,  determine,  and  be 
absolutely  void,  and  in  case  where  a  part  only  of  such  real  estate  shall 
be  taken,  the  said  covenants  and  stipulations  shall  be  discharged  only 
as  to  the  part  so  taken,  and  the  county  court  of  Fulton  county  may  on 
application  in  writing  of  either  or  any  of  the  parties  interested  in  such 
lease  or  agreement  appoint  three  disinterested  freeholders  to  determine 
the  rents,  payments,  and  conditions  which  shall  thereafter  be  paid  and 
performed  under  such  lease  or  agreement  in  respect  to  the  residue  of 
such  real  estate;  and  the  report  of  the  freeholders,  or  any  two  of  them, 
on  being  confirmed  by  said  court,  shall  be  binding  and  conclusive  upon 
all  parties  interested  in  such  real  estate.  The  assessment  made  by  such 
commissioners  as  in  said  sections  one  hundred  and  forty  and  one  hun¬ 
dred  and  forty-three  of  this  act  provided  shall  conform  as  nearly  as  may 
be  to  the  special  assessment-rolls  made  by  the  common  council  as  pro¬ 
vided  by  this  act.  Immediately  upon  the  confirmation  of  such  assess¬ 
ment,  the  same,  together  with  a  duplicate  thereof,  shall  be  filed  with 
the  city  clerk,  and  both  shall  be  deemed  originals;  to  one  of  said  rolls 
shall  be  annexed  a  warrant  signed  by  the  mayor  and  a  majority  of  the 
aldermen  in  office  for  the  collection  of  said  assessment,  and  delivered 
to  the  city  chamberlain  of  said  city  for  collection;  and  to  the  other 
shall  be  annexed  a  copy  of  said  warrant  with  a  receipt  by  the  said  cham¬ 
berlain  acknowledging  the  receipt  of  said  assessment-roll  and  warrant. 
The  said  assessments  shall  constitute  a  lien  upon  the  lands  and  premises 
respectively  upon,  or  for,  or  in  respect  of  which  they  shall  be  made. 
Such  assessments  shall  be  collected  by  the  said  chamberlain  in  the  same 
manner  and  with  the  same  fees  and  within  the  same  time  as  prescribed 
by  section  one  hundred  and  thirty-five  of  this  act  for  the  collection  of 
the  assessments  in  said  section  referred  to;  but  the  provisions  of  sec¬ 
tions  one  hundred  and  thirty-three  and  one  hundred  and  thirty-four  of 
this  act,  and  of  said  section  one  hundred  and  thirty- five,  save  only  as 
hereinabove  provided  for  the  collection  of  the  assessment  therefor 
shall  not  be  applicable  to  the  assessments  for  the  improvements  men¬ 
tioned  in  section  one  hundred  and  forty  of  this  act.  From  the  assess¬ 
ments  so  collected,  if  sufficient,  and  if  any  deficiency  therein  from  the 
street  fund,  each  award  shall  be  paid  to  the  person  entitled  thereto 


73 


after  the  expiration  of  ninety  days  from  the  final  confirmation  of  said 
award  and  assessments,  and  it  shall  not  draw  interest  until  two  days 
after  a  demand  in  writing,  for  a  payment  thereof,  after  the  expiration 
of  said  ninety  days,  shall  be  made  to  the  city  clerk  and  filed  with  him. 
The  common  council  shall  issue  its  orders  upon  the  chamberlain  for  the 
payment  of  said  awards  to  the  several  persons  entitled  thereto. 

§  146.  Additional  assessments  tor  local  improvement.  In  case  the 
amount  assessed  for  any  local  improvement  shall  be  insufficient  to  defray 
the  expenses  of  such  improvement,  the  common  council  shall  cause  to 
be  assessed,  in  like  manner  as  other  assessments  of  like  nature,  the 
amount  which  the  actual  expense  thereof  exceeds  the  amount  first  assessed. 

ARTICLE  VII. 


BOARD  OF  WATER  COMMISSIONERS;  WATER  WORKS. 


Section  160. 


161. 

162. 

163. 

164. 

165. 

166. 

167. 

168. 

169. 

170. 


171. 

172. 

173. 

174. 

175. 

176. 

177. 

178. 

179. 


Board  of  water  commissionrs,*  how  constituted  and 
organized. 

Presiding  officer;  temporary  president. 

Meetings. 

Rules;  quorum;  voting. 

Compelling  attendance  of  absent  commissioners. 

Bond  of  water  commissioners. 

Filling  vacancies  in  office  of  water  commissioner. 

Duty  of  superintendent  of  water  works. 

Special  provisions  as  to  work  in  streets. 

Laborers,  number  and  wages. 

General  powers  and  duties  of  the  board  of  water  com¬ 
missioners. 

Annual  report  of  board. 

Books  and  papers  open  to  public  inspection;  evidence. 
Apportionment  of  water  rents. 

Collection  of  water  rents. 

Liens  for  water  rents,  fines  and  penalties. 

Application  of  income  from  water-works. 

The  sinking  fund  for  payment  of  water  bonds. 

Right  to  use  certain  streets  and  highways. 

Sale  of  water  outside  of  city  limits. 


*  So  in  original. 


74 


180.  Contracts. 

181.  Expense  of  supply  pipes. 

182.  Audit  of  claims;  payment. 

183.  Control  of  property  purchased  for  use  of  the  water-works. 

184.  Annual  settlement  of  board  with  chamberlain. 

185.  Powers  of  water  commissioners  in  procuring  additional 

supply. 

186.  Loan  for  water  supply  and  issue  of  bonds. 

187.  Proceedings  tor  incurring  indebtedness  exceeding  limit. 

188.  Question  of  additional  water  supply  to  be  submitted  to  a 

vote  of  the  people. 

Section  160.  Board  of  water  commissioners,  how  constituted  and 
organized.  The  board  of  water  commissioners  shall  be  composed  of 
the  water  commissioner-at-large,  and  the  water  commissioners  elected 
by  the  several  wards.  The  board  of  water  commissioners  shall  meet 
annually  in  the  room  provided  for  that  purpose  on  the  first  day  of  Janu¬ 
ary,  or  if  that  be  Sunday,  then  on  the  next  day,  at  eleven  o’clock  in  the 
forenoon  for  the  purpose  of  organization.  Such  meeting  shall  be  called 
the  annual  meeting  of  the  board  of  water  commissioners. 

§  161.  Presiding  officer;  temporary  president.  The  water  commis¬ 
sioner-at-large  shall  preside  at  all  regular  and  special  meetings  and  shall 
have  a  vote  upon  all  questions  acted  upon  by  the  board.  At  the  annual 
meeting  of  the  board,  or  as  soon  thereafter  as  practicable,  the  board  s.  all 
choose  one  of  its  members  to  be  temporary  president,  who  shall,  during 
the  official  year,  be  the  presiding  officer  of  the  board  in  the  absence  of 
the  president,  and  while  such  president  is  absent  from  the  city  or  unable 
to  perform  his  duties,  he  shall  be  acting  president  of  the  board  and  have 
all  the  powers  and  duties,  and  be  subject  to  all  the  obligations  and  lia¬ 
bilities  of  the  president. 

§  162.  Meetings.  The  board  of  water  commissioners  shall  hold  regu¬ 
lar  meetings  in  the  common  council  room,  or  such  other  room  as  may 
be  set  apart  for  their  use  in  the  city  building,  on  the  first  and  third 
Tuesday  evenings  in  each  month,  and  at  such  other  times  as  it  shall 
by  resolution  designate.  The  president  of  the  board,  or  any  two  of  its 
members,  may  call  a  special  meeting  by  causing  a  written  notice  thereof 
specifying  the  objects  of  the  meeting  to  be  served  by  the  city  clerk  upon 
each  member  of  the  board,  not  joining  in  such  notice,  personally,  or  by 
mail,  directed  to  his  place  of  residence  or  place  of  business,  at  least  twenty- 
four  hours  before  the  time  of  such  meeting.  All  meetings  of  the  board 
shall  be  public,  except  when  the  public  interest  shall  require  secrecy;  but 
no  vote  shall  be  taken  in  secret  or  executive  session. 


75 


§  163.  Rules;  quorum;  voting.  The  board  shall  determine  the  rules 
of  its  own  proceedings  and  be  the  judge  of  the  election  and  qualifications 
of  its  own  members.  A  majority  of  the  whole  number  of  water  commis¬ 
sioners  shall  constitute  a  quorum  of  the  board,  but  a  smaller  number 
may  adjourn  from  time  to  time.  At  all  meetings  of  the  board  each 
water  commissioner  present  shall  have  one  vote.  A  majority  of  the 
water  commissioners  present  and  voting  at  any  meeting  of  the  board 
at  which  a  quorum  shall  be  present  shall  be  sufficient  to  pass  any  res¬ 
olution,  except  that  no  resolution  authorizing  or  involving  the  expenditure 
of  money  or  the  collection  of  money  by  a  tax  or  assessment  shall  pass 
unless  it  receive  the  assent  of  a  majority  of  all  the  water  commissioners  in 
office.  The  ayes  and  noes  shall  be  called  and  recorded  on  all  resolutions. 

§  164.  Compelling  attendance  of  absent  commissioners.  The  attend¬ 
ance  of  absent  water  commissioners  may  be  compelled  by  the  board, 
or  by  a  meeting  thereof  at  which  less  than  a  quorum  is  present,  by  the 
entry  of  a  resolution  and  order  in  the  minutes,  directing  the  chief  of 
police  or  any  police  officer  of  the  city  to  arrest  such  absent  commis¬ 
sioner  and  take  him  before  the  board  at  the  meeting  at  which  such 
commissioner  was  absent,  or  at  some  subsequent  meeting  of  the  board, 
to  answer  for  his  neglect. 

*  §  165.  Bond  of  water  commissioners.  Before  entering  upon  the  duties 
of  his  office  each  water  commissioner  shall  execute  a  bond  to  the  city  of 
Johnstown,  in  accordance  with  the  provisions  of  section  twenty  of  this  act, 
in  an  amount  not  less  than  five  hundred  dollars,  conditioned  for  the  faith¬ 
ful  discharge  of  his  duties  as  such  water  commissioner.  Such  bond  shall 
be  procured  from  some  solvent  surety  company;  shall  be  approved  by  the 
common  council;  and  the  expense  of  procuring  the  same  shall  be  paid  from 
the  income  of  the  water  works. 

§  166.  Filling  vacancies  in  office  of  water  commissioners.  If  a 

vacancy  shall  occur,  otherwise  than  by  expiration  of  term,  in  the  office 
of  water  commissioner,  the  board  of  water  commissioners  shall  appoint 
a  person  to  fill  such  vacancy  until  the  end  of  the  official  year  in  which  such 
vacancy  occurs.  The  provisions  of  section  twenty-three  relating  to  the 
filling  of  vacancies  to  elective  offices  shall  apply  to  a  vacancy  in  the  office 
of  a  water  commissioner,  except  as  herein  specified. 

§  167.  Duty  of  super!  ntendent  of  waterworks.  The  superintendent 
of  waterworks  shall,  under  the  direction  of  the  board  of  water  commis¬ 
sioners  of  said  city,  have  the  general  supervision,  care  and  management 
of  the  waterworks  of  said  city  and  of  all  the  property,  real  and  per¬ 
sonal,  now  used,  or  hereafter  purchased  by  the  city  for  the  use  and 
benefit  of  the  waterworks  of  said  city,  including  pipe  lines,  reservoirs, 


*  Original  section  repealed  and  new  section  added  by  Chap.  660,  Laws 
of  1910. 


76 


hydrants,  machines,  tools  and  implements;  he  shall  see  that  they  are 
kept  in  proper  repair;  he  shall  frequently  make  a  personal  inspection  of 
each  hydrant  in  the  city,  and  take  all  possible  precautions  to  prevent 
the  same  from  freezing  during  the  winter  months;  he  shall  see  that 
the  reservoirs  are  kept  clean  and  in  good  condition;  he  shall  personally 
superintend  the  laying  of  all  extentions  of  water  pipes,  tapping  of  pipes, 
setting  of  hydrants,  repairing  of  leaks  in  water  mains  and  the  flushing 
of  sewers,  when  directed  so  to  do  by  the  president  of  the  board  of  water 
commissioners  or  the  mayor;  and  he  shall  perform  such  other  duties  as 
the  board  of  water  commissioners  shall  or  may  prescribe.  He  shall  have 
authority  to  hire  and  employ  the  requisite  laborers  for  the  performance 
of  such  work,  and  to  direct  them  as  to  the  manner  and  time  of  the 
execution  of  their  work;  and  he  shall  certify  to  the  board  of  water 
commissioners  all  persons  who  shall  have  been  employed  by  him.  He 
shall  at  each  regular  meeting  of  the  board  of  w'ater  commissioners  pre¬ 
sent  thereto  a  pay  roll  in  such  form  as  the  board  of  water  commissioners 
may  prescribe,-  verified  by  his  oath,  setting  forth  the  work  so  performed 
under  his  charge  since  his  last  pay  roll,  and  specifying  the  name  of 
each  person  employed  thereon,  the  time  he  labored,  his  wages  per  day, 
and  the  amount  due  him.  Said  pay  rolls,  and  all  other  expenses  law¬ 
fully  incurred  in  the  care  and  management  of  the  waterworks  system 
and  property,  shall  be  audited  by  the  board  of  water  commissioners,  and, 
when  audited,  shall  be  paid  from  the  water  fund  of  said  city  upon  the 
warrants  of  the  board  of  water  commissioners,  signed  by  the  president 
of  said  board  and  countersigned  by  the  clerk.  The  salary  of  the  superin¬ 
tendent  of  waterworks  shall  be  paid  by  the  board  of  water  commissioners 
from  the  water  fund  of  said  city. 

§  168.  Special  provisions  as  to  work  in  streets.  Whenever  in  the 
performance  of  his  duties  it  shall  be  necessary  for  the  superintendent 
of  water  works  to  make  excavations  in  any  street  in  said  city,  he  shall 
act  under  the  general  direction  and  supervision  of  the  superintendent  of 
streets  as  to  the  guards  to  be  placed  at  the  openings  made,  as  to  the 
precautions  to  be  taken  to  prevent  injuries  to  persons  using  the  street 
for  street  purposes,  and  as  to  the  manner  of  restoring  the  street  to  its 
former  condition,  including  the  restoration  of  any  pavement  which  has 
been  taken  up  or  disturbed  in  the  progress  of  the  work.  In  case  of 
any  disagreement  or  controversy  between  these  officers  as  to  their 
respective  rights  and  duties  in  the  matters  above  mentioned,  the  ques¬ 
tions  in  dispute  shall  be  referred  by  them  to  the  mayor  whose  decision 
thereon  shall  be  final. 

*  §  169.  Laborers,  number  and  wages.  The  board  of  water  commissioners 
may  fix  the  number  of  laborers  to  be  employed  by  the  superintendent 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


77 


of  water  works  in  the  performance  of  labor  in  connection  with  the  city 
water  works,  and  shall  determine  the  wages  to  be  paid  to  them.  Such 
board  shall  not  create  any  salaried  office  and  make  any  appointment  there¬ 
to,  except  as  expressly  authorized  by  this  act. 

§  170.  General  powers  and  duties  of  the  board  of  water  commissioners. 
The  board  of  water  commissioners  shall: 

1.  Take  possession  of  the  water-works  of  said  city  and  keep  the  same 
and  all  property  connected  therewith  or  belonging  thereto  in  good  order 
and  repair,  and  take  all  proper  measures  to  preserve  the  purity  of  the 
water  and  a  sufficient  supply  thereof  for  family  and  fire  purposes  and 
for  such  other  purposes  as  in  its  judgment  and  discretion  it  may  be  used 
or  applied." 

2.  Extend  the  pipes  of  said  works  into  and  through  any  of  the  streets, 
and  other  public  places  of  the  city. 

3.  Establish  a  scale  of  rents,  from  time  to  time,  to  be  charged  and  paid 
to  said  city  for  the  supply  of  water  by  the  owners  or  occupants  of  all 
buildings  or  lots  in  said  city,  or  by  any  persons  using  said  water  for 
any  purpose,  either  in  advance  or  at  such  time  or  times  as  they  shall 
prescribe,  to  be  called  “water  rents,”  to  be  apportioned  to  the  different 
classes  of  buildings  in  said  city  as  hereinafter  provided,  and  alter  or  amend 
such  scale  by  increasing  or  diminishing  such  rents. 

4.  Make,  amend  or  repeal  such  rules  and  regulations  for  the  preser¬ 
vation,  protection  and  care  of  the  water-works,  and  for  the  use  and 
control  of  the  water  as  they  may  deem  advisable,  and  prescribe  penalties, 
for  the  violation  thereof;  such  rules  and  regulations,  when  certified  to 
the  common  council,  shall  be  duly  published  by  them,  at  the  expense 
of  the  board  of  water  commissioners,  and  shall  have  the  same  force 
and  effect  as  an  ordinance  enacted  by  the  common  council. 

5.  See  that  all  rules  and  regulations  so  made  and  published  are  duly 
observed  and  enforced,  and  prosecute  in  the  name  of  the  city  all  persons 
violating  the  same  for  any  penalty,  fine  or  forfeiture  incurred  thereby. 

6.  Keep  a  record  of  their  proceedings  in  a  suitable  book  and  also  a 
record  and  account  with  each  person  furnished  with  water  or  with  whom 
they  have  dealings. 

§  171.  Annual  report  of  board.  The  board  of  water  commissioners 
shall  make  and  file  with  the  city  clerk,  within  thirty  days  after  the 
commencement  of  each  official  year,  a  report  of  the  proceedings  for  the 
preceding  fiscal  year  containing  an  itemized  or  detailed  statement  of  all 
moneys  received  and  disbursed  by  the  chamberlain  of  said  city  for  or 
on  account  of  said  water  works,  by  their  order  or  under  their  direction, 
stating  the  persons  from  whom  such  amount  was  received  or  to  whom 
it  was  paid,  arid  the  purpose  for  which  it  was  received  or  paid.  Said 
report  shall  also  each  year  contain  a  full  statement  of  the  bonded  and 
other  indebtedness  of  said  city  incurred  by  it,  or  by  the  village  of  Johns- 


78 


town,  for  the  construction,  maintenance  or  extension  of  the  water-works, 
with  the  date  when  such  debts  were  incurred  and  the  times  when  the 
same  shall  become  due;  also  the  amount,  nature  and  other  particulars 
concerning  any  surplus  or  sinking  fund  created  or  provided  for  the  pay¬ 
ment  of  said  debts.  For  the  purpose  of  making  the  above  report  the 
board  of  water  commissioners  may  call  upon  the  chamberlain  for  a  like 
report  for  the  preceding  fiscal  year,  and  it  shall  be  the  duty  of  the  cham¬ 
berlain  to  transmit  such  a  report  to  the  board  on  or  before  the  fifteenth 
day  of  January  in  each  year.  The  common  council  shall  publish  as  a 
part  of  its  annual  report  the  statement  of  debts  and  surplus  together 
with  a  summary  statement  of  the  receipts  and  disbursements, 
as  shown  by  the  report  of  said  board  of  water  commissioners.  The  annual 
report  of  said  water  commissioners  shall  be  printed  each  year  in  pamphlet 
form  on  or  before  the  fifteenth  day  of  February,  the  printing  of  such 
pamphlet  to  be  awarded  to  the  lowest  bidder. 

§  172.  Books  and  papers  open  to  public  inspection;  evidence.  All 
books  and  papers  of  every  kind  and  description  kept  by  said  board  of 
water  commissioners,  upon  which  are  entries  of  their  transactions  as 
such,  shall  at  all  times  when  not  in  use,  be  subject  to  the  inspection 
of  the  mayor  and  common  council  and  every  elector  of  said  city.  The 
records  of  said  board,  or  a  transcript  thereof  certified  by  the  president 
and  clerk  shall  be  received  in  all  courts  and  places  as  prima  facie  evi¬ 
dence  of  the  facts  therein  stated. 

§  173.  Apportionment  of  water  rents.  The  water  rents  shall  be 
apportioned  to  the  different  classes  of  buildings  in  reference  to  their 
dimensions,  values,  exposure  to  fires,  ordinary  and  extraordinary  uses 
for  dwellings,  stores,  shops,  hotels,  factories,  livery  or  private  stables, 
barns  and  all  other  establishments,  trades,  and  other  common  purposes, 
number  of  families,  or  occupants,  or  consumption  of  water  as  near  as 
may  be  practicable,  and  in  reference  to  the  yards,  grounds  or  places 
where  said  water  is  to  be  used  for  any  purpose.  The  city  buildings 
and  the  school  buildings  of  said  city  shall  be  furnished  with  water  in 
a  suitable  manner  free  of  charge.  The  water  commissioners  and  their 
employes  may  enter  at  all  times  any  building  or  place  where  water 
is  used  from  supply  pipes  or  having  pipes  connected  with  said  water¬ 
works  to  observe  whether  the  water  is  being  used  therein,  and  if  so, 
to  examine  as  to  the  water,  quantity  used,  and  the  manner  of  using  it. 
Hotels,  factories,  stables  and  all  other  buildings,  establishments  and 
places  which  consume  extra  quantities  of  water  shall  pay  such  sums  or 
rates  as  the  board  shall  direct  and  at  the  time  and  in  the  manner  directed 
by  it. 

*  §  174.  Collection  of  water  rents.  The  board  of  water  commissioners 


*  As  amended  by  Chap.  42,  Laws  of  1907. 


79 


shall,  on  or  before  the  first  days  of  May  and  November  in  each  year,  furn¬ 
ish  the  chamberlain  a  list  or  roll  containing  the  name  of  each  person, 
company,  corporation  or  association,  indebted  to  said  city  for  water  rents 
or  other  charges  due  or  to  become  due  for  the  use  of  or  in  connection 
with  the  supply  of  water  on  said  first  days  of  May  and  November,  with 
the  amount  due  or  to  become  due  on  the  dates  named  from  each  person 
or  corporation  set  down  in  a  separate  column  opposite  the  name  of  each, 
and  directing  him  to  receive  and  collect  the  same  from  the  persons  or 
corporations  therein  named  within  thirty  days  from  the  receipt  by  him 
of  said  roll.  The  chamberlain  shall  immediately  upon  the  receipt  of  said 
roll  give  notice  in  the  official  papers  of  said  city  of  the  receipt  thereof 
and  that  such  rents  and  charges  will  be  received  by  him  at  his  office  for 
thirty  days  thereafter.  If  the  chamberlain  shall  fail  to  collect  any  such 
water  rents  or  charges,  he  shall  make  return  thereof  to  said  board  under 
oath,  and  thereafter  said  board  may  sue  for  and  collect  such  rents  and 
charges,  together  with  interest  and  costs  from  the  persons  or  corporations 
liable  therefor.  Immediately  upon  such  return  being  made  the  board  may 
cut  off  the  supply  of  water  leading  to  the  premises  where  the  water  was 
used  for  which  such  rents  or  charges  remain  unpaid,  and  prevent  the 
further  use  of  water  therein  or  thereon,  until  such  rents  or  charges,  in¬ 
terest  and  costs  are  paid,  together  with  any  charge  which  said  board- 
may  fix  for  shutting  off  said  water  as  aforesaid,  and  for  turning  on  the 
water  again  for  use  on  or  in  said  premises.  Whenever  any  water  supply 
is  cut  off  because  of  the  non-payment  of  such  rents  and  charges,  the 
superintendent  of  water  works  shall  file  with  the  clerk  of  said  board  a 
statement  of  the  amount  of  such  rents  or  charges  due  and  unpaid,  to¬ 
gether  with  any  charge,  fine  or  penalty  fixed  as  aforesaid  for  shutting 
off  and  turning  on  said  water  and  the  clerk  shall  certify  said  amount  to 
the  chamberlain  and,  upon  production  of  the  receipt  of  the  chamberlain 
for  that  amount,  the  clerk  shall  be  authorized  to  issue  a  permit  for  the 
turning  on  of  said  water  for  the  use  of  the  person  paying  the  same. 

§  175.  Liens  for  water  rents,  fines  and  penalties.  All  expense, 
charges,  fees,  water  rents,  fines,  forfeitures  or  penalties  which  may 
accrue  from  or  be  imposed  upon  such  owners  or  occupants  for  use  of 
water  or  for  any  other  purpose  in  connection  with  the  supply  of  water, 
shall  be  a  lien  for  ten  years  on  the  real  property  upon  which  such  water 
shall  have  been  used,  or  in  respect  to  the  occupants  of  which  such  fines 
or  penalties  may  have  been  imposed  or  forfeitures  incurred;  and  may 
be  assessed,  collected  and  the  collection  t*hereof  enforced  in  the  same 
manner  and  by  the  same  method,  and  with  like  proceedings,  by  said 
board  of  water  commissioners,  as  in  this  a.ct  provided  for  the  collection 
of  taxes  and  assessments  for  state,  county  and  city  purposes. 

§  176.  Application  of  income  from  water-works.  The  entire  annual 
receipts  or  income  from  the  water- works  from  all  sources  shall  be  used 


80 


and  applied  for  the  following  purposes  and  in  the  order  specified,  namely: 

1.  To  pay  the  salaries  of  officers  and  assistants,  the  expenses  of  all 
repairs  and  other  necessary  expenses  connected  with  the  proper  man¬ 
agement  of  the  water-works. 

2.  To  pay  each  year  the  interest  on  the  bonds  heretofore  issued  for  the 
construction  of  said  water-works,  and  the  additions  thereto  and  exten¬ 
sions  thereof,  by  the  city  or  village  of  Johnstown  for  like  purposes. 

3.  To  establish  a  sinking  fund  for  the  purchase  and  payment  of  said 
bonds;  and  for  that  purpose,  after  the  foregoing  provisions  of  this  sec¬ 
tion  have  been  complied  with,  all  of  the  remaining  income  to  the  amount 
of  five  thousand  dollars  shall  be  set  apart  each  year  until  sufficient  moneys 
have  been  so  set  apart  to  provide  for  the  payment  of  said  bonds. 

4.  To  pay  for  the  extension  of  street  water  mains. 

In  case  there  shall  in  any  year  be  a  deficiency  to  carry  out  the  fore¬ 
going  purposes  which  can  not  be  provided  for  as  hereinafter  provided, 
the  common  council  of  said  city,  in  addition  to  the  sums  it  is  hereinbe¬ 
fore  authorized  to  raise,  shall  cause  to  be  levied  upon  and  collected  from 
the  taxable  property  in  said  city  such  sum  as  shall  be  necessary  to  make 
good  such  deficiency.  Any  surplus  which  may  accumulate  in  any  year 
from  the  income  of  the  water-works,  over  and  above  the  amount  set 
apart  for  the  sinking  fund  by  the  board  of  water  commissioners,  shall 
be  judiciously  invested  by  the  chamberlain,  under  the  direction  and  with 
the  approval  of  the  board  of  water  commissioners,  and  shall  be  used  to 
make  good  any  deficiency  which  may  occur  in  any  year. 

§  177.  The  sinking  fund  for  payment  of  water  bonds.  All  moneys 
and  securities  constituting  or  belonging  to  the  sinking  fund  heretofore 
established  by  the  board  of  water  commissioners  of  the  village  of  Johns¬ 
town,  and  all  additions  made  thereto  under  and  in  accordance  with  the 
provisions  of  this  act,  together  with  all  accumulations  of  interest  thereon, 
shall  be  kept  as  a  separate  fund  by  the  chamberlain,  to  be  known  and 
designated  as  the  sinking  fund  for  the  payment  of  the  water  bonds. 
The  moneys  so  set  apart  for  said  sinking  fund  each  year,  together  with 
all  accumulations  of  interest  from  investments  previously  made,  shall 
be  invested  each  year  by  the  chamberlain,  under  the  direction  and  with 
the  approval  of  the  board  of  water  commissioners  made  in  writing  and 
filed  in  the  office  of  the  city  clerk,  in  interest  bearing  bonds,  or  in  first 
mortgage,  accompanied  by  bond  and  insurance,  upon  real  property 
located  within  the  county  of  Fulton,  actually  worth  at  a  fair  market 
valuation  double  the  amount  of  the  mortgage.  Whenever  the  sinking 
fund  or  any  part  thereof  shall  be  invested  in  any  bond  and  mortgage, 
such  bond  and  mortgage  and  the  insurance  accompanying  the  same, 
shall  be  in  the  name  of  and  payable  to  the  board  of  water  commissioners 
of  the  city  of  Johnstown,  their  successors  in  office  or  assigns.  No  part 
of  said  sinking  fund,  or  of  the  interest  thereon,  shall  be  loaned  upon  a 


81 


mortgage  on  property  owned  by  any  water  commissioner,  or  by  any 
person  related  to  any  water  commissioner  of  said  city,  by  consanguinity 
or  affinity  within  the  third  degree,  to  be  determined  in  the  same  man¬ 
ner  as  in  the  case  of  a  judge.  The  board  of  water  commissioners  may 
authorize  the  chamberlain  to  purchase,  at  any  time  when  he  shall  have 
funds  available  in  said  sinking  fund,  any  bonds  issued  for  the  construc¬ 
tion  of  the  water-works  or  on  account  of  such  water  works  as  provided 
in  this  article,  at  prices  not  exceeding  their  par  value,  and  when  so 
purchased  said  bonds  shall  not  be  reissued,  but  shall  be  canceled  and 
destroyed  in  the  presence  of  the  board  of  water  commissioners.  In  such 
cases,  and  whenever  any  such  bonds  shall  have  matured  and  been  paid 
and  shall  have  been  canceled  and  destroyed  in  the  same  manner,  a  full 
record  of  the  number  and  denomination  of  each  such  bond  so  canceled 
and  destroyed  shall  be  made  and  a  certificate  filed  with  the  city  clerk, 
who  shall  note  the  cancellation  and  date  of1  the  same  upon  the  register 
of  municipal  bonds  kept  in  his  office. 

§  178.  Right  to  use  certain  streets  and  highways.  The  board  and 
all  acting  under  its  authority  may  use  the  ground  or  soil  under  any 
street,  highway  or  roads  within  the  county  of  Fulton  or  any  adjoining- 
county,  for  the  purpose  of  introducing  water  into  and  through  any  por¬ 
tion  of  said  city,  on  condition  that  they  shall  cause  the  surface  of  such 
street,  highway  or  road  to  be  relaid  or  restored  to  its  usual  state,  and 
all  damages  done  thereto  to  be  repaired.  Such  right  shall  be  continuous 
for  the  purpose  of  repairing  and  relaying  water  pipes  upon  like  conditions. 

§  179.  Sale  of  water  outside  of  city  limits.  The  said  board  may 
contract  with  and  sell  to  any  person  or  corporation  without  the  limits 
of  said  city,  the  right  to  make  connection  with  the  distribution  pipes 
of  said  city  for  the  purpose  of  drawing  water  therefrom,  at  such  prices 
and  on  such  conditions,  as  in  the  judgment  of  said  commissioners  shall 
be  for  the  best  interests  of  said  city.  But  no  such  right  shall  be  granted 
or  in  any  way  enforced,  when,  by  so  doing,  the  supply  for  the  wants 
or  necessities  of  said  city  shall  thereby  be  curtailed. 

§  180.  Contracts.  The  board  of  water  commissioners  may  make  all 
necessary  contracts  for  the  construction  of  the  water  works,  or  any  por¬ 
tion  thereof,  and  for  any  work  pertaining  thereto,  and  for  labor  and 
materials  to  be  used  in  connection  therewith.  Such  contracts  shall  be 
in  writing,  signed  by  a  majority  of  the  commissioners,  and  executed  by 
the  parties  in  triplicate,  all  of  which  shall  be  numbered  by  the  same 
number.  One  of  such  triplicates  shall  be  given  to  the  contractor,  one 
shall  be  filed  in  the  office  of  the  city  clerk  and  one  shall  be  retained  by  the 
commissioners.  Three  weeks’  public  notice  shall  be  given  in  the  official 
newspapers  published  in  said  city,  of  the  times  and  places  at  which 
sealed  proposals  will  be  received  for  entering  into  contracts,  and  the 
commissioners  shall  have  full  discretion  as  to  the  acceptance  or  rejection 


82 


of  all  sealed  proposals.  If  any  portion  of  such  works,  and  any  work 
pertaining  thereto,  or  any  materials  and  labor  to  be  used  therefor,  shall 
then  remain  uncontracted  for,  the  like  notice  for  sealed  proposals  and 
like  proceedings  may  be  had  as  above  provided.  Every  person  who  shall 
enter  into  any  contract  for  the  supply  of  materials,  or  the  performance 
of  any  work,  shall  give  satisfactory  security  to  such  board  for  the  faith¬ 
ful  performance  of  his  contract  according  to  its  terms.  The  board, 
without  advertising  for  bids,  may  employ  labor  and  buy  material  in 
open  market  for  store -houses,  shops  and  water  mains,  or  for  distrib¬ 
uting  pipes  and  cut-offs  connecting  the  mains  with  the  service  supply 
pipes  to  buildings  and  yards,  or  for  valves,  gates,  hydrants  and  hydrant 
pipes,  or  for  repairs  to  the  water-works  or  for  tools,  implements  and 
supplies  needed  to  make  such  additions  and  repairs. 

§  181.  Expense  of  supply  pipes.  The  connecting  or  supply  pipes 
leading  from  private  lands  or  buildings  to  the  street  mains  shall  be 
placed,  inserted  and  kept  in  repair  at  the  expense  of  the  owners  or 
occupants  of  the  premises,  and  shall  not  be  inserted  or  connected  with 
the  street  mains  until  a  permit  therefor  in  writing  shall  be  obtained 
from  the  clerk,  or  such  other  person  as  may  be  designated  by  the  board 
of  water  commissioners,  and  the  charges  therefor  paid  to  the  chamberlain; 
and  all  such  connecting  or  supply  pipes  and  fixtures  shall  be  constructed 
under  or  according  to  the  direction  of  said  board  or  of  such  person  as 
may  be  designated  by  it. 

§  182.  Audit  of  claims;  payment.  All  claims  and  accounts  against 
the  board  of  water  commissioners  shall  be  presented  to  said  board  and 
audited  and  allowed  by  them.  The  board  may  prescribe  the  form  of 
affidavit  to  be  sworn  to  and  annexed  to  such  claims.  The  accounts  and 
claims  so  audited  shall  be  paid  by  the  chamberlain  on  the  warrant  of 
the  president  of  the  board  countersigned  by  the  clerk,  specifying  the 
amount  so  audited  and  the  fund  from  which  it  is  payable.  The  clerk 
shall  keep  a  record  of  every  such  warrant.  All  funds  of  the  board  of 
water  commissioners  shall  be  disbursed  upon  similar  warrants  of  the 
board. 

*  §  183.  Control  of  property  purchased  for  use  of  the  water  works.  All 

lands  and  rights  or  easements  therein  heretofore  purchased  or  acquired 
by  the  village  of  Johnstown,  or  by  the  city  of  Johnstown,  or  that  may  be 
hereafter  purchased  or  acquired  by  the  city  of  Johnstown,  for  the  use 
of  the  water  works,  for  pipe  lines,  water  sheds,  or  other  purposes,  shall  be 
under  the  exclusive  control  and  management  of  the  board  of  water  com¬ 
missioners  of  said  city,  and  the  same  or  any  part  or  portion  thereof  shall 
not  be  sold,  leased,  cultivated,  mowed,  pastured,  or  used  for  any  pur¬ 
pose  other  than  for  the  use  and  benefit  of  the  water  works  of  said  city. 


As  amended  by  Chap.  325,  Laws  of  1909,  and  Chap.  326,  Laws  of  1916. 


83 


No  trees  shall  be  cut  upon  any  of  said  lands  except  such  as  are  dead  or  so 
injured  by  fire  or  other  action  of  the  elements  that  good  forestry  requires 
their  removal  and  except  that  matured  trees  over  twelve  inches  in  diameter 
two  feet  from  the  ground  may  be  cut  and  sold  by  resolution  of  the  board 
of  water  commissioners.  Any  officer  of  the  city  or  other  person  who  shall 
violate  any  of  the  foregoing  provisions  of  this  section  shall  be  guilty  of 
a  misdemeanor.  The  board  of  water  commissioners  shall  also  have  ex¬ 
clusive  control  of  all  the  personal  property  belonging  to  or  connected  with 
said  water  works.  The  said  board  of  water  commissioners  shall  have 
monuments  erected  to  designate  the  boundaries  of  all  lands  belonging 
to  said  city  and  used  for  purposes  connected  with  said  water  works  and 
shall  have  authority  to  cause  fences  to  be  erected  around  the  several 
reservoirs  connected  with  said  works. 

§  184.  Annual  settlement  of  board  with  chamberlain.  The  board 
of  water  commissioners  shall  annually  in  the  month  of  December  in 
each  year  examine  the  accounts  of  the  city  chamberlain  with  reference 
to  the  water  funds  and  the  sinking  fund,  and  if  found  correct,  shall  so 
certify  and  shall  report  the  result  of  their  examination  to  the  common 
council.  At  the  expiration  of  the  term  of  office  of  any  chamberlain,  or 
immediately  prior  thereto,  the  said  board  shall  settle  and  adjust  the 
accounts  of  said  department  with  the  chamberlain  and  report  to  the 
common  council  the  funds  and  securities  in  the  hands  of  said  cham¬ 
berlain,  belonging  to  or  owing  to  the  water  fund  and  the  sinking  fund 
for  the  payment  of  the  water  bonds,  and  which  should  be  delivered  by 
said  chamberlain  to  his  successor  in  office. 

*  §  185.  Powers  of  water  commissioners  in  procuring  additional  supply, 
et  cetera.  The  board  of  water  commissioners  shall  from  time  to  time 
examine  into  and  adopt  such  plans  as  in  their  opinion  may  be  most 
feasible  for  procuring  additional  supplies  of  water  for  use  in  said  city, 
and  such  additional  lands,  forming  a  part  of  the  water  shed  of  streams 
now  or  hereafter  supplying  said  city  with  water,  as  in  their  opinion  may 
be  necessary  to  the  preservation  of  the  purity  of  the  water  supply,  and  for 
that  purpose  may  in  the  name  of  the  city,  contract  for  and  acquire  by 
purchase  or  condemnation  under  the  provisions  of  the  condemnation  law, 
all  lands,  streams,  water,  water  rights  or  other  property,  real  or  per¬ 
sonal,  or  rights  therein,  situate  at  any  place  within  the  county  of  Fulton 
or  any  adjoining  county,  which  may  be  required  for  that  purpose,  and  also 
the  right  to  lay,  relay  and  maintain  pipes  through  the  lands,  and  to 
take,  detain  or  divert  water  or  streams  of  water  which  may  be  required 
for  the  purpose,  with  or  without  taking  the  fee  of  the  land  through  which 
the  pipes  are  laid  or  over  which  said  streams  or  water  flow.  They  may 
also  contract  for  the  execution  of  the  work  or  any  part  thereof,  or  the 


*  As  amended  by  Chap.  325,  Laws  of  1909. 


84 


supply  of  any  necessary  material.  The  commissioners  and  their  servants 
and  agents  may  enter  upon  any  lands,  streams  or  water  for  the  purpose 
of  making  surveys.  They  may  agree  with  the  owner  of  any  such  property 
or  right  which  may  be  deemed  necessary  for  the  purposes  of  this  act, 
as  to  the  amount  of  compensation  to  be  paid  such  owner.  Before  de¬ 
taining,  taking,  diverting  or  using  any  such  lands,  streams  or  water  or 
rights  therein,  or  commencing  proceedings  for  the  condemnation  thereof, 
the  water  commissioners  shall  cause  a  survey  and  map  to  be  made  of  the 
lands,  water  or  streams  intended  to  be  taken,  diverted  or  affected,  or  in 
which  a  right  is  intended  to  be  taken  for  any  said  purposes,  on  which 
map  the  lands,  streams  or  water  of  each  owner  or  occupant  shall  be  desig¬ 
nated.  Such  map  shall  be  signed  by  the  president  and  clerk  of  the  board 
and  be  filed  in  the  office  of  the  county  clerk  of  the  county  or  counties  in 
which  said  lands,  streams  or  water  are  situated.  The  board  shall  also 
in  all  cases,  by  an  order  made  by  them  and  signed  by  said  president  and 
clerk,  to  be  attached  to  and  filed  with  said  map,  describe  the  lands,  streams 
or  water,  and  the  title  and  interest  therein,  which  they  intend  to  acquire. 
Any  such  map  or  order  may  be  amended  in  the  discretion  of  the  board 
at  any  time  before  the  appointment  of  commissioners  of  appraisal,  by 
filing  in  said  county  clerk’s  office  a  new  map  and  order  conforming  in 
all  respects  to  the  requirements  of  this  section,  together  with  a  notice 
signed  by  the  president  and  clerk  of  said  board  of  water  commissioners, 
that  the  said  map  and  order  then  on  file  have  been  amended.  Thereupon 
the  said  new  map  and  order  shall  have  the  force  and  effect  of  the  map 
and  order  so  amended,  which  shall  be  deemed  withdrawn  except  so  far 
as  they  relate  to  proceedings  and  acts  already  had  and  done. 

*  §  186.  Loan  for  additional  water  supply  or  lands,  and  issue  of  bonds 
therefor.  The  board  of  water  commissioners  shall  borrow,  from  time  to 
time,  upon  the  credit  of  the  city,  such  sums  as  may  be  necessary  to  pro¬ 
cure  such  additional  supply  of  water  for  said  city,  or  such  additional  land 
as  may  be  necessary  to  the  preservation  of  the  purity  of  the  water  sup¬ 
plied  thereto,  and  may  issue  bonds  therefor.  The  aggregate  of  said  sums 
and  the  outstanding  indebtedness  of  said  city,  incurred  by  said  city,  and 
the  village  of  Johnstown  for  the  construction  of  the  water  works  of  said 
city  shall,  at  no  time,  exceed  ten  per  centum  of  the  assessed  value  of 
the  real  estate  of  said  city  as  shall  appear  by  the  then  last  assessment- 
roll,  except  as  hereinafter  provided.  Such  bonds  shall  be  issued  and  sold 
as  are  other  city  bonds  and  obligations  and  shall  be  signed  by  the  presi¬ 
dent  and  clerk  of  the  board  and  countersigned  by  the  chamberlain.  Such 
bonds  and  interest  thereon,  shall  be  a  valid  liability  against  the  city,  and 
the  credit  of  the  city  is  pledged  for  the  payment  of  the  same.  The  money 
so  borrowed  and  the  proceeds  of  bonds  issued  and  sold  as  provided  herein. 


*  As  amended  by  Chap.  325,  Laws  of  1909. 


85 


shall  be  appropriated  by  said  commissioners  to  the  purposes  herein  speci¬ 
fied. 

§  187.  Proceedings  for  incurring  indebtedness  exceeding  limit.  When¬ 
ever  the  board  of  water  commissioners  may  deem  it  expedient  for- 
said  city  to  incur  an  indebtedness  over  and  above  the  said  ten  per 
centum  of  the  assessed  valuation  for  the  construction  of  water-works 
for  said  city,  they  shall,  before  entering  upon  such  construction,  or  the 
incurring  of  said  indebtedness,  specify  by  resolution  the  nature  and 
extent  of  the  work  contemplated,  and  the  amount  of  money  required 
for  the  same,  together  with  a  general  description  of  the  land,  stream 
or  water  or  rights  therein  to  be  taken  therefor.  They  may  then  call 
a  special  election  in  said  city,  which  shall  be  called,  held  and  conducted 
in  the  same  manner  as  provided  in  this  act  for  special  elections  called 
by  the  common  council.  When  such  election  is  not  held  at  the  same 
time  and  with  an  election  called  by  the  common  council,  the  board  of 
water  commissioners  shall  possess  the  powers  and  perform  the  duties 
of  the  common  council  as  prescribed  by  section  seventy-three  of  this  act, 
and  shall  canvass  the  votes  cast  thereat  in  the  same  manner  as  the 
votes  cast  at  a  special  city  election  are  canvassed  by  the  common  coun¬ 
cil.  The  provisions  of  such  section  seventy-three  relating  to  notices, 
and  forms  of  ballots  and  propositions  shall  be  complied  with  so  far  as 
practicable  by  the  board  of  water  commissioners  in  submitting  a  propo¬ 
sition  for  the  incurring  of  such  additional  indebtedness.  In  case  a 
majority  of  the  votes  cast  be  in  favor  of  said  proposition,  the  board 
of  water  commissioners  shall  upon  the  faith  and  credit  of  said  city 
issue  bonds  in  accordance  therewith.  Such  bonds  shall  be  issued  and 
sold  as  are  other  city  bonds  and  obligations,  and  shall  be  signed  by  the 
president  of  the  board  and  countersigned  by  the  chamberlain. 

§  188.  Question  of  additional  water  supply  to  be  submitted  to  a  vote 
of  the  people.  (Repealed  by  Chap.  325,  Laws  of  1909.) 


ARTICLE  VIII. 


POLICE  DEPARTMENT. 


Section  190. 

191. 

192. 

193. 

194. 

195. 

196. 


Police  department,  how  constituted;  rules  and  regulatioss. 
Appointment  of  members;  special  policemen. 

Powers  and  duties  of  members  of  police  department. 

Fees  for  services;  traveling  expenses. 

Powers  and  duties  of  chief  of  police. 

Assistant  chief  of  police. 

Fees  chargeable  to  Fulton  county. 


*  §  190.  Police  department,  how  constituted;  rules  and  regulations.  The 

police  department  shall  consist  of  the  chief  of  police  and  such  number  of 
uniformed  policemen,  as  shall  be  fixed  by  the  common  council  at  their  first 
meeting  in  each  year,  who  shall  constitute  the  regular  police  force,  and 
such  special  policemen  as  may  be  appointed  under  the  provisions  of  this 
article.  The  police  department  shall  be  under  the  general  control  and 
management  of  the  mayor  and  common  council,  who  shall  adopt  and  en¬ 
force  rules  and  regulations,  consistent  with  law,  for  the  administration  of 
the  affiairs  of  such  department,  and  for  the  government  of  its  members.  A 
sufficient  number  of  such  rules  and  regulations  shall  be  printed  for  the 
use  of  the  department. 

**§  191.  Appointment  of  members;  special  policemen.  The  mayor  shall 
appoint  the  chief  of  police.  The  mayor  shall  appoint  the  uniformed  police¬ 
men  subject  to  confirmation  by  the  common  council.  The  mayor  may, 
whenever  in  his  judgment  the  public  interest  shall  require,  appoint  not 
more  than  ten  special  policemen  to  hold  office  for  a  period  fixed  by  the 
mayor,  not  exceeding  five  days  under  any  one  appointment.  Such  special 
policemen  shall  wear  such  uniforms  and  badges  as  the  mayor  may  direct. 
They  shall  be  paid  out  of  the  contingent  fund  a  compensation  to  be  fixed 
by  the  mayor  not  exceeding  the  rate  allowed  to  the  uniformed  policemen 
for  the  same  period  of  time.  The  mayor  may  also  appoint  special  police¬ 
men  upon  the  request  of  any  person  or  corporation  in  the  city,  who  shall 
serve  without  pay  from  the  city,  but  shall  be  under  the  control  of  the 
mayor  and  chief  of  police,  and  may  be  removed  by  the  mayor  at  pleasure. 

§  192.  Powers  and  duties  of  members  of  police  department.  The 
members  of  the  police  department  shall  possess  in  criminal  cases  and 
proceedings  and  special  proceedings  of  a  criminal  nature  all  the  common 
law  and  statutory  powers  of  policemen  and  constables,  and  shall  have 
the  exclusive  power  of  serving  all  criminal  warrants,  or  other  criminal 
process  issued  by  the  recorder,  acting  recorder,  mayor,  common  council, 
or  a  committee  of  the  common  council  in  any  part  of  the  state,  without 
any  indorsement  of  such  warrant.  It  shall  be  their  duty  and  they  shall 
have  the  power  to  serve  and  execute  civil  processes  as  provided  in  sec¬ 
tion  two  hundred  and  eighty-four  of  this  act.  Such  policemen  shall  have 
power  and  authority  to  arrest  with  or  without  warrant  any  person  or 
persons  found  violating,  within  said  city  any  penal  ordinance  or  law 
of  said  city,  and  any  person  or  persons  found  by  said  policemen  in  said 
city  begging  from  house  to  house,  or  applying  to  any  of  the  officers  of 
said  city  for  food  or  lodging,  and  who  are  designated  and  commonly 
known  as  tramps  or  vagrants,  or  any  other  disorderly  person  found  by 
such  policemen  engaged  in  disorderly  conduct  in  said  city,  and  to  bring 


As  amended  by  Chap.  326,  Laws  of  1916. 
1  As  amended  by  Chap.  326,  Laws  of  1916. 


87 


them  before  the  recorder,  or  acting-  recorder,  to  be  dealt  with  the  same 
as  if  said  person  or  persons  so  arrested  had  been  arrested  upon  warrant 
therefor  duly  issued  by  such  recorder  or  acting  recorder.  Each  police¬ 
man  of  the  city  shall  have  the  same  power  and  authority  for  the  col¬ 
lection  of  taxes  within  the  city  as  a  constable  of  a  town  has  for  the 
collection  of  taxes  in  a  town,  as  well  as  that  conferred  by  this  act,  and 
shall  be  subject  to  the  same  liabilities  with  reference  thereto. 

*  §  193.  Compensation;  fees  for  services;  travelling  expenses.  The  an¬ 
nual  salary  of  the  chief  of  police  and  of  each  .of  the  regular  uniformed 
policemen  shall  be  fixed  by  the  common  council  by  the  affirmative  vote 
of  two-thirds  of  all  the  members  thereof,  and  shall  be  payable  from  the 
police  fund  in  monthly  installments.  No  policeman  shall  receive  for  his 
own  use  any  fees  for  services  performed  by  him  in  pursuance  of  this  act 
other  than  the  salary  fixed  by  the  provisions  of  this  chapter  or  by  the  com¬ 
mon  council  in  pursuance  thereof,  nor  shall  any  policeman  receive  any 
present  or  reward  for  services  rendered  or  to  be  rendered  in  pursuance  of 
this  act,  unless  with  the  approval  of  the  mayor  or  common  council.  But 
each  of  said  policemen  shall  receive  in  addition  to  such  compensa¬ 
tion  his  actual  travelling  expenses  in  all* cases  in  which  he  shall  have 
travelled  more  than  one  mile  outside  of  the  city  limits  to  perform  such 
services,  which  travelling  expenses  shall  be  audited  and  paid  out  of  the 
contingent  fund  of  said  city,  as  other  charges  against  said  city  are 
audited  and  paid.  In  each  case  arising  under  this  act  or  any  other  law, 
or  under  an  ordinance,  or  rule  or  regulation  adopted  as  provided  in  this 
act,  in  which  the  city  shall  recover  judgment,  the  same  fees  for  the  ser¬ 
vice  of  such  policemen  shall  be  included  in  such  judgment  as  constables 
would  be  entitled  to  for  like  services,  and  when  paid  or  collected,  shall 
be  paid  to  the  chamberlain  within  five  days  after  the  receipt  thereof,  to 
the  credit  of  the  contingent  fund. 

§  194.  Powers  and  duties  of  chief  of  police.  The  chief  of  police  shall: 

1.  Subject  to  the  authority  of  the  mayor  and  common  council,  be  the 
chief  executive  officer  of  the  police  department  and  superintend  the 
same; 

2.  Record  all  cases  and  legal  proceedings  in  his  department  and  all 
services  performed  by  him  and  by  the  several  policemen  in  a  book  to 
be  provided  for  that  purpose; 

3.  Enter  all  articles  taken  from  persons  arrested  or  seized  on  a  war¬ 
rant  or  otherwise,  together  with  the  disposal  made  thereof,  in  a  book 
to  be  known  as  the  property  book; 

4.  At  least  once  a  month,  and  oftener  if  required,  report  to  the  com¬ 
mon  council  the  state  of  the  department  and  whether  the  members  of 


*  As  amended  by  Chap.  661,  Laws  of  1910. 


88 


the  department  are  delinquent  in  their  duties,  and  account  for  all  fees 
received  for  services  performed  by  the  members  of  the  department. 

§  195.  Assistant  chief  of  police.  The  mayor  may  designate  one  of 
the  members  of  the  regular  police  force  as  assistant  chief  of  police, 
to  act,  in  case  of  the  absence  or  inability  of  the  chief  to  act,  in  the  place 
of  the  said  chief,  and  such  assistant  chief  shall  possess  the  powers  and 
perform  the  duties  of  the  chief  of  police  while  acting  as  such,  together 
with  such  other  duties  incident  to  his  office  as  may  be  imposed  upon 
him  by  the  mayor  or  common  council. 

§  196.  Fees  chargeable  to  Fulton  county.  The  chief  of  police  shall 
keep  a  record  of  all  fees  for  services  performed  by  the  members  of  the 
department  which  are  by  law  chargeable  to  the  county  of  Fulton,  and 
shall  anhually  make  out  an  account  thereof,  duly  verified  by  him,  and 
shall  annually  present  the  same  to  the  city  clerk  before  the  time  for 
the  presentation  of  claims  against  the  county  of  Fulton,  and  such  city 
clerk  shall  present  such  account  to  the  board  of  supervisors  of  such 
county,  which  board  shall  audit  and  levy  the  same  as  other  county 
charges  are  audited  and  levied,  and  the  amounts  thereof  shall  be  paid 
to  the  chamberlain  and  be  credited  by  him  to  the  contingent  fund. 


Section  200. 

201. 

202. 

203. 

204. 

205. 

206. 

207. 

208. 

209. 

210. 
211. 
212. 
213. 


ARTICLE  IX. 

FIRE  DEPARTMENT;  FIRE  LIMITS. 

The  fire  department. 

General  powers  of  common  council  in  relation  to  fire  depart¬ 
ment. 

Appointment  of  firemen. 

Chief  engineer. 

Assistant  engineers. 

Secretary;  treasurer;  their  powers  and  duties. 

Fire  wardens;  their  powers  and  duties. 

Rules  and  regulations  of  fire  department. 

Suspension  of  officers  or  members;  penalties  for  misconduct. 
The  firemen  and  their  duties. 

Exemption  from  taxes  and  jury  duty. 

Ownership  and  control  of  personal  property. 

Treasurer  of  fire  companies. 

Fire  limits. 


Section  200.  The  fire  department.  The  fire  department  of  the  city 
of  Johnstown  as  constituted  at  the  time  this  act  takes  effect  is  continued 


89 


and  shall  consist  of  a  chief  engineer,  who  shall  be  appointed  in  the 
month  of  January  by  the  mayor  and  confirmed  by  the  common  council 
and  whose  term  of  office  shall  be  two  years;  a  first  assistant  engineer 
and  a  second  assistant  engineer  who  shall  be  appointed  each  year  in 
the  month  of  January  by  the  mayor  and  confirmed  by  the  common  coun¬ 
cil;  and  so  many  permanent  firemen  as  the  common  council  may  deem 
necessary,  not  exceeding  one  hundred  in  number,  who  shall  be  resident 
electors  of  said  city.  It  shall  continue  to  be  a  volunteer  department, 
except  such  members  thereof  as  it  may  be  necessary  from  time  to  time 
to  employ  and  pay  as  drivers  or  to  take  charge  of  the  fire-alarm  tele¬ 
graph.  All  expenditures  for  the  department  shall  be  made  from  the  fire 
fund. 

§  201.  General  powers  of  common  council  in  relation  to  fire  department. 

The  common  council  shall  have  power: 

1.  To  establish  and  maintain  an  efficient  fire  department  in  and  for 
said  city; 

2.  To  establish,  promulgate  and  enforce  proper  rules,  regulations  and 
orders  for  the  good  government  and  discipline  of  said  department,  and 
cause  a  suitable  number  of  copies  thereof  to  be  printed  for  the  use  of 
the  department; 

3.  To  purchase  all  necessary  wagons,  trucks,  harnesses,  horses,  carts, 
hooks  and  ladders,  hose,  hose  carriages,  fire  alarm  telegraph  and  other 
apparatus  for  the  discovery  or  extinguishment  of  fires,  and  to  repair 
and  improve  the  same  by  such  implements,  equipments  and  supplies  as 
are  required  for  use  by  such  department,  and  to  sell,  exchange  or  transfer 
the  same  or  any  part  thereof; 

4.  To  provide  buildings  or  houses  for  such  horses,  carts,  hose  car¬ 
riages  and  other  apparatus  and  purchase  or  lease  premises  for  that  pur¬ 
pose  and  arrange,  rearrange  or  refit  the  same; 

5.  To  organize  new  fire,  hook  and  ladder,  or  hose  companies  when¬ 
ever  the  interests  of  the  city,  in  their  judgment,  require  it,  and  to  dis¬ 
band  such  companies  as  they  may  deem  unnecessary  or  such  as  may 
prove  refactory  and  unwilling  to  obey  the  lawful  orders  of  the  common 
council,  mayor  or  chief  engineer  and  other  officers  of  the  department; 

6.  To  change  to  a  paid  department,  in  whole  or  in  part;  and  when¬ 
ever  such  change  is  made,  the  common  council  shall  have  the  power  to 
employ  and  pay  such  officers,  firemen,  drivers,  hosemen,  pipemen  and 
helpers,  and  to  make  and  incur  such  other  and  further  expense  as  they 
may  deem  necessary  for  the  proper  and  efficient  management  of  the 
apparatus  of  that  portion  of  the  department  which  they  shall  declare 
to  be  paid; 

7.  To  call  out  the  whole  of  the  department,  or  any  part  thereof,  for 
improvement  and  inspection,  as  often  as  they  deem  it  proper  or  necessary; 


90 


t  8.  To  compel  owners  and  occupants  of  buildings  in  said  city  to  pro¬ 
vide  fire  extinguishers,  fire  buckets  or  pails,  or  other  fire  fighting  apparatus 
and  regulate  the  manner  and  place  of  keeping  the  same; 

9.  To  do  all  things  necessary  to  properly  equip,  manage,  control  and 
make  efficient  the  said  fire  department. 

§  202.  Appointment  of  firemen.  The  firemen  shall  be  appointed, 
and  vacancies  filled  in  the  different  companies  of  the  fire  department 
of  said  city,  by  the  common  council,  upon  the  nomination  of  the  ma¬ 
jority  of  the  members  of  the  company  in  which  such  appointment  is 
to  be  made  or  vacancy  filled.  The  common  council  are  authorized  to 
withhold  and  refuse  such  appointment,  whenever  in  their  judgment, 
for  any  cause,  the  person  thus  nominated  ought  not  to  be  appointed. 
The  warrant  of* *  the  appointment  of  such  officers  signed  by  the  mayor, 
with  the  approval  thereon  of  the  common  council,  properly  certified  by 
the  clerk,  shall  be  filed  with  the  clerk. 

§  203.  Chief  engineer.  The  chief  engineer  of  the  fire  department,  sub¬ 
ject  to  the  direction  of  the  mayor  and  common  council,  shall: 

1.  Have  the  general  control  and  management  of  all  officers,  men, 
property,  measures  and  actions  for  the  prevention  or  extinguishment 
of  fires  within  the  city,  and  may  call  upon  the  chief  of  police,  or  any 
member  of  the  police  force,  to  assist  in  the  protection  of  property,  the 
promotion  of  order  and  in  the  enforcement  of  all  rules  for  the  govern¬ 
ment  of  the  department; 

2.  Make  and  keep  an  accurate  inventory  of  all  the  property  of  the  de¬ 
partment  and  see  that  the  same  is  kept  iu  proper  order  and  is  not  lost, 
wasted  or  destroyed,  or  used  for  any  other  than  fire  department  pur¬ 
poses,  except  with  his  permission; 

3.  Be  present  at  fires  of  buildings  in  said  city,  and  take  command  of 
the  several  companies  belonging  to  the  department  and  the  general  con¬ 
trol  of  the  trucks,  hooks  and  ladders,  carts,  hose  and  other  apparatus  for 
the  extinguishment  of  fires; 

4.  Annually,  in  the  month  of  December,  make  a  report  in  writing  to 
the  common  council,  and  oftener,  whenever  required  by  them,  showing 
the  actual  condition  of  the  property  under  his  charge,  a  list  of  fires, 
alarms,  losses  and  insurances  on  all  property  destroyed  since  the  last 
report,  a  particular  statement  of  the  cause  of  such  fires  so  far  as  known, 
and  such  other  information  as  he  may  deem  important  to  the  public  in¬ 
terest; 

5.  Perform  such  other  duties  as  shall  be  given  him  in  charge  from 
time  to  time  by  the  common  council,  and  such  duties  as  shall  be  pre¬ 
scribed  in  the  ordinances,  rules  and  regulations  of  the  common  council; 


t  As  amended  by  Chap.  326,  Laws  of  1916. 

*  So  in  original. 


91 


6.  Have  power  to  call  out  the  whole  or  any  part  of  the  department 
for  improvement  or  inspection  as  often  as  he  may  deem  proper  or  nec¬ 
essary. 

§  20  4.  Assistant  engineers.  The  first  and  second  assistant  engineers 
shall  aid  the  chief  engineer  at  all  fires  in  said  city  and  perform  such 
duties  as  shall  be  assigned  them  by  the  chief  engineer,  the  mayor  or 
common  council,  and  such  duties  as  the  ordinances,  rules  and  regula¬ 
tions  may  prescribe.  The  first  engineer  shall  have  all  the  power  and 
authority  of  the  chief  engineer  in  case  of  his  absence  or  inability  to  act, 
and  the  second  assistant  engineer  shall  have  all  the  power  of  the  chief 
engineer  in  case  of  the  absence  or  inability  to  act  of  the  chief  engineer 
and  first  assistant. 

§  205.  Secretary;  treasurer;  their  powers  and  duties.  The  chief 
engineer  shall  each  year  in  the  month  of  November  call  a  meeting  of  the 
entirs*  membership  of  the  fire  department  at  the  city  building,  at  a 
stated  time,  for  the  election  of'  a  treasurer  and  secretary  of  the  fire 
department  for  the  ensuing  year.  A  certificate  of  the  election  of  such 
offcers,  signed  by  the  chairman  and  secretary  of  such  meeting,  shall 
be  delivered  forthwith  to  the  city  clerk,  who  shall  present  the  same 
to  the  common  council.  If  the  officers  mentioned  in  the  certificate  are 
confirmed  by  the  common  council,  the  certificate  endorsed  with  such 
confirmation  of  the  common  council  shall  be  filed  with  the  clerk  and 
the  persons  therein  named  shall  become  the  duly  appointed  officers  of 
said  department.  Tf  said  persons  are  not  confirmed  by  the  common  coun¬ 
cil  the  certificate  shall  be  returned  with  their  disapproval  to  the  chief 
engineer  and  another  election  shall  be  held,  names  certified  in  the  same 
manner  as  before  until  the  persons  elected  by  the  department  are  con¬ 
firmed  or  approved  by  the  common  council,  when  the  certificate  of  ap¬ 
pointment  shall  be  endorsed  and  filed  with  the  clerk  with  like  effect 
as  if  the  persons  had  been  confirmed  in  the  first  instance.  The  secretary 
shall  perform  the  usual  duties  of  a  secretary.  The  treasurer  of  the  fire 
department  shall  before  entering  upon  the  duties  of  his  office  take  the 
constitutional  oath  of  office  and  file  the  same  with  the  city  clerk  and 
shall  also  file  with  said  clerk  a  bond  in  such  a  sum  as  the  common  coun¬ 
cil  may  direct  and  to  be  approved  by  them  for  the  faithful  performance 
of  his  duties  as  such  treasurer.  He  shall  collect,  recover  and  receive  all 
moneys  belonging  to  or  that  may  become  due  and  payable  to  the  fire 
department  from  all  sources,  and  safely  keep  the  same  and  pay  the  same 
over  to  the  several  companies  composing  the  said  department,  as  they 
shall  be  entitled  to  the  same.  He  may  in  his  name  as  such  officer  sue 
for  and  recover  for  the  use  of  said  department  from  all  individuals  and 
corporations  in  any  court  having  jurisdiction  all  sums  of  money  belonging 


*  So  in  original. 


92 


to  or  that  shall  become  due  and  payable  to  or  for  said  fire  department 
from  such  individuals  or  corporations. 

§  206.  Fire  wardens;  their  powers  and  duties.  The  common  council 
m«.y,  from  time  to  time,  appoint  one  or  more  fire  wardens  and  prescribe 
and  define  their  powers  and  duties.  The  mayor,  aldermen,  chief  engineer 
of  the  fire  department  and  policemen  shall  also  be  fire  wardens  of  said 
city  and  possess  all  the  powers  of  fire  wardens  under  this  act.  The  fire 
wardens  shall  have  power  at  all  reasonable  times  and  it  shall  be  their  duty 
to  enter  into  and  examine  all  dwelling-houses,  out-houses,  lots  and  yards  in 
said  city,  in  the  day-time;  to  inspect  all  places  wherein  fires  are  used;  to 
ascertain  how  ashes  are  kept;  to  direct  obedience  to  all  orders  of  the 
common  council  relating  to  the  prevention  of  fire;  and  to  report  to  the 
common  council  all  infractions  thereof  that  are  not  forthwith  amended. 

§  207.  Rules  and  regulations  of  fire  department.  All  rules  and  reg¬ 
ulations  pretaining  to  the  government  of  the  fire  department  of  the  village 
or  the  city  of  Johnstown  in  force  at  the  time  of  the  passage  of  this  act 
shall  be  and  continue  in  force  within  the  city  of  Johnstown,  as  if  duly 
adopted  and  published  by  the  common  council  of  the  city,  except  as  the 
common  council  shall  amend  or  repeal  the  same. 

§  208.  Suspension  of  officers  or  members;  penalties  for  misconduct. 
The  chief  engineer  shall  have  power  to  immediately  suspend  any  officer 
or  member  of  the  fire  department,  while  they  shall  be  on  duty  at  fires 
or  otherwise,  for  disobedience  of  orders,  incapacity,  intoxication,  disor¬ 
derly  conduct,  insubordination  or  neglect  of  duty;  but,  in  case  he  shall 
thus  suspend  any  officer  or  member  of  the  fire  department,  he  shall  report 
the  facts  in  writing  to  the  mayor  forthwith,  who  shall  lay  the  same 
before  the  common  council  at  their  next  regular  meeting,  and  the  com¬ 
mon  council  shall  thereupon  at  such  meeting,  or  at  such  other  time  as 
they  may  appoint,  proceed  to  hear  and  determine  the  matter,  and  shall 
either  restore  such  officer  or  member,  or  remove,  suspend,  censure,  rep¬ 
rimand  or  punish  him,  as  hereinafter  provided.  Any  officer  or  member 
of  the  fire  department  may  be  removed,  suspended,  expelled,  censured, 
or  reprimanded  by  the  common  council  f»r  incapacity,  neglect  of  duty, 
disobedience  of  orders,  intemperance,  insubordination  or  other  miscon¬ 
duct  tending  to  destroy  the  efficiency  or  discipline  of  the  department, 
after  giving  him  five  days’  notice  to  show  cause  why  he  should  not  be  so 
removed,  expelled,  censured  or  reprimanded,  and  an  opportunity  to  be 
heard  in  his  defense,  and  in  the  meantime  he  may  be  suspended  without 
notice;  and  the  said  common  council  shall  have  power  to  provide  for 
the  punishment  of  any  member  of  the  fire  department  for  disorderly 
conduct,  disobedience  of  orders  or  insubordination  by  fines  not  exceeding 
fifty  dollars,  to  be  sued  for  and  recovered  in  the  name  of  the  city  and 
paid  into  the  treasury  of  the  city  for  the  benefit  of  the  fire  department 
of  the  city,  or  by  imprisonment  not  exceeding  twenty  days,  or  by  both 


93 


fine  and  inprisonment.  The  recovery  of  any  penalty  or  fine,  under  the 
provisions  of  this  act  relating  to  the  fire  department,  shall  not  prevent 
the  exercise  or  carrying  out  of  any  of  the  powers  conferred  by  this 
article,  nor  shall  the  exercise  or  carrying  out  of  such  powers  be  a  bar  to 
the  recovery  of  any  such  penalty  or  fine. 

§  209.  The  firemen  and  their  duties.  It  shall  be  the  duty  of  the 
members  of  the  fire  department  to  turn  out  upon  every  alarm  of  fire  and 
aid  in  the  extinguishment  thereof,  and,  whenever  called  upon  by  the 
mayor  or  any  member  of  the  common  council,  to  aid  in  the  suppression 
of  all  riots  or  riotous  assemblages  in  said  city,  and  they  are  hereby  de¬ 
clared  exempt  from  prosecution  or  indictment  for  any  act  done  in  the  rea¬ 
sonable  and  proper  discharge  of  their  duties  at  such  fires,  riots,  or  riotous 
assemblages.  The  common  council,  the  mayor,  the  recorder,  or  any  mem¬ 
ber  of  the  common  council,  engineer,  or  fire  warden,  may  keep  all  idle 
or  suspicious  persons  away  from  the  vicinty  of  any  fire  in  said  city 
and  may  require  the  inhabitants  of  said  city,  or  any  bystander,  to  form 
ranks  or  lines  to  carry  water  for  the  extinguishment  of  any  fires,  and 
to  aid  the  firemen  in  working  their  engines,  hooks,  ladders,  hose  and 
other  apparatus,  and  to  aid  in  recovering  or  protecting  property  thereat. 

§  210.  Exemption  from  taxes  and  jury  duty.  Every  member  of  the 
fire  department  in  said  city  shall  be  holden  to  duty  therein  for  the 
term  of  five  years  from  his  enlistment,  unless  disability  shall  incapacitate 
him  for  such  service,  or  he  shall  be  sooner  discharged  by  the  common 
council.  Every  member  of  such  department,  while  he  performs  duty 
as  such,  shall  be  exempt  from  jury  duty,  and  entitled  to  a  deduction 
from  the  assessment  of  his  real  and  personal  property  to  the  amount  of 
fifteen  hundred  dollars  in  all  classes  of  city  taxes,  except  school  taxes. 
Every  such  member  who  shall  have  faithfully  served  as  fireman  for  the 
term  of  five  years  in  the  fire  department  of  either  the  city  or  the  village, 
or  partly  in  each,  shall  thereafter  be  exempt  from  service  on  juries  while 
he  remains  an  inhabitant  of  said  city,  and  the  common  council  shall 
furnish  to  every  member  who  shall  have  so  served  said  period  of  five 
years  a  proper  certificate,  signed  by  the  mayor,  clerk,  and  chief  engineer 
of  the  fire  department,  as  evidence  of  such  service.  The  foreman  or  other 
chief  officer  of  any  company  shall  furnish  to  any  member  thereof  doing 
active  service  as  fireman,  whenever  called  upon,  a  proper  certificate  that 
such  fireman  is  a  member  of  such  company  engaged  in  active  service. 
On  or  before  the  first  day  of  December  in  each  year  the  foreman  of  each 
fire  company  shall  deliver  to  the  chief  engineer  a  list  of  the  names  of  the 
members  of  the  company  of  which  he  is  foreman,  who  have  done  active 
and  faithful  fire  service  during  the  next  preceding  year,  verified  by  his 
own  affidavit.  The  chief  engineer  shall  examine  such  lists,  and  if  he 
approve  of  the  same  shall  indorse  his  approval  thereon;  if  he  does  not 
approve  of  any  names  thereon,  he  shall  indorse  thereon  the  reasons  why. 


94 


in  his  judgment,  such  persons  are  not  entitled  to  the  tax  exemption  granted 
under  this  section,  and  shall  transmith*  said  lists,  so  approved  or  mod¬ 
ified,  to  the  city  clerk,  who  shall  lay  them  before  the  common  council. 
The  common  council  shall  review  said  lists  and  shall  state  thereupon 
the  names  of  any  members  whom  they  shall  deem,  for  proper  causes,  not 
justly  entitled  to  said  exemption,  and  said  lists  shall  then  be  filed  with 
the  clerk,  who  shall  thereupon  make  and  deliver  to  the  assessor  of  said 
city  a  certified  copy  thereof,  and  the  assessor  shall,  upon  the  receipt 
of  the  same,  make  the  deduction  in  the  assessment  of  the  property  of 
each  member  of  the  fire  department,  whose  name  is  so  certified  to  him, 
provided  in  this  section,  if  said  deduction  has  not  been  theretofore  made 
and  note  the  exemption  on  said  assessment-roll,  but  no  person  who  is  a 
paid  fireman  shall  have  the  benefit  of  such  deduction  or  exemption.  The 
city  clerk  shall  keep  a  record  of  all  the  active  and  exempt  firemen  in  a 
book  kept  in  his  office  for  that  purpose. 

§  211.  Ownership  and  control  of  personal  property.  The  legal  title 
to  all  personal  property  heretofore  vested  in  the  city  of  Johnstown  for 
fire  department  purposes  and  to  all  personal  property  which  may  here¬ 
after  come  into  the  possession  of  any  fire,  hook  and  ladder,  hose  or  other 
company  belonging  to  and  a  part  of  the  fire  department  in  and  for  said 
city,  by  gift,  bequest,  purchase,  or  otherwise,  shall  be  and  hereby  is 
vested  in  the  city  of  Johnstown  in  trust,  nevertheless,  for  the  use  and 
benefit  of  said  company  and  its  successors.  No  part  of  such  property 
shall  be  sold,  exchanged,  loaned  or  transferred  by  the  common  council 
of  said  city,  except  upon  the  request  of  such  company  made  by  resolution 
adopted  by  the  affirmative  vote  of  a  majority  of  all  the  members  thereof. 

§  212.  Treasurers  of  fire  companies.  The  treasurer  of  each  fire, 
hook  and  ladder,  hose  or  other  company  belonging  to  and  a  part  of  the 
fire  department  of  said  city  shall,  before  entering  upon  the  duties  of  his 
office  execute  a  bond  to  the  common  council,  in  such  amount  and  with 
such  sureties  as  the  common  council  may  prescribe,  in  accordance  with 
section  twenty  of  this  act.  No  money  shall  be  paid  out  by  the  treasurer 
of  any  such  company,  except  upon  a  warrant  stating  for  what  purpose, 
signed  by  the  secretary  of  such  company  and  countersigned  by  the  pres¬ 
ident  or  foreman.  No  money  coming  into  the  hands  of  the  treasurer 
of  any  such  company  from  the  common  council,  or  the  fire  department, 
or  by  gift,  or  for  fines,  or  from  any  other  source,  shall  be  used 
by  any  such  treasurer,  or  paid  to  any  member  of  such  company  for  his 
personal  benefit.  All  money  received  by  any  such  treasurer  shall  be 
used  only  for  the  benefit  of  said  company  and  its  successors  as  a  com¬ 
pany  in  the  discharge  of  their  duties  as  firemen,  except  as  otherwise 
provided  by  general  laws.  Any  violation  of  the  provisions  of  this  sec- 


*  So  in  original. 


95 


tion  by  the  treasurer  of  any  such  company  shall  render  him  and  his 
sureties  personally  liable  for  all  damages  sustained  by  reason  thereof, 
and  he  shall,  in  addition,  forfeit  and  pay  for  the  use  of  the  fire  depart¬ 
ment  of  said  city  the  sum  of  fifty  dollars,  which  amount  may  be  sued 
for  and  recovered  in  the  name  of  the  city  and  shall  be  paid  to  the  treas¬ 
urer  of  said  fire  department. 

§  213.  Fire  limits.  Hereafter  no  wooden  buildings  of  any  description 
shall  be  built,  constructed,  enlarged  or  rebuilt  in  said  city  within 
the  following  boundaries,  namely:  Commencing  at  the  southeast  corner 
of  West  Main  street  and  South  Melcher  street  in  said  city  and  running 
thence  south  along  the  east  line  of  South  Melcher  street  two  hundred 
and  fifty  feet;  thence  east  on  a  line  parallel  with  the  south  line  of  West 
Main  and  East  Main  streets,  crossing  South  William,  South  Market  and 
South  Perry  streets  to  a  point  in  fhe  lands  formerly  owned  by  James  D. 
Miller  two  hundred  and  fifty- nine  feet  easterly  from  the  east  line  of 
South  Perry  street;  thence  northerly  on  a  line  parallel  with  the  east 
line  of  South  Perry  street  two  hundred  and  fifty  feet  to  the  south  line 
of  East  Main  street,  and  thence  westerly  along  the  south  line  of  East 
Main  and  West  Main  streets  to  the  place  of  beginning:  Commencing  at 
the  northeast  corner  of  West  Main  and  North  Melcher  streets  in  said 
city  and  runnipg  thence  along  the  east  line  of  North  Melcher  street 
two  hundred  and  sixty  feet;  thence  east  on  a  line  parallel  with  the  north 
line  of  West  Main  and  East  Main  streets,  crossing  North  William,  North 
Market  and  North  Perry  streets,  to  a  point  in  the  east  line  of  lands  of 
Jacob  Moltz,  or  a  point  two  hundred  and  fifty-nine  feet  easterly  from  the 
east  line  of  North  Perry  street;  thence  southerly  along  the  east  line  of 
lands  of  said  Moltz  to  the  north  line  of  East  Main  street,  and  thence 
westerly  along  the  north  line  of  East  Main  and  West  Main  streets  to 
the  place  of  beginning,  but  all  buildings  which  shall  hereafter  be  con¬ 
structed,  enlarged  or  rebuilt  within  said  limits  shall  be  constructed  of 
brick  or  stone,  or  some  metalic*  or  incombustible  substance,  with  parti¬ 
tion  walls,  fireproof  roof  and  brick,  stone  or  metallic  cornices  and  eaves 
troughs.  The  common  council  shall  have  full  power  to  establish  rules 
and  regulations  relative  to  the  mode,  manner  of  construction  or  mate¬ 
rials  to  be  used  in  the  alteration  or  repair,  or  rebuilding  in  part  in  case 
of  fire,  of  any  building  within  the  limits  hereinbefore  defined,  and  shall 
have  discretionary  power,  upon  application  therefor,  to  modify  or  vary 
any  of  the  rules  or  regulations  made  by  them  to  meet  the  requirements 
of  special  cases,  when  the  same  do  not  conflict  with  the  public  safety 
and  the  public  good,  so  that  substantial  justice  may  be  done;  but  no  such 
deviation  shall  be  permitted  unless  a  record  of  the  same  be  kept  by  said 


*  So  in  original. 


96 


common  council  and  a  permit  be  issued  to  the  party  applying  therefor. 
The  common  council  may  from  time  to  time  enlarge  the  territory  to  be 
included  within  the  fire  limits  but  shall  not  have  power  to  contract  the 


same. 

ARTICLE  X. 

BOARD  OF  EDUCATION;  SCHOOLS. 

Section  220. 

City  as  school  district. 

221. 

The  board  of  education;  corporate  powers. 

222. 

Succession  to  property  and  obligations. 

223. 

Annual  election  of  school  officers. 

224. 

Annual  meeting  of  the  board  of  education. 

225. 

Clerk  of  board  of  education. 

226. 

Meetings  of  board  of  education. 

227. 

Rules;  quorum;  voting. 

228. 

Vacancies  in  board  of  education. 

229. 

General  powers  and  duties  of  the  board  of  education. 

230. 

Records  of  board  as  evidence. 

231. 

Determination  of  amount  of  annual  school  tax-levy. 

232. 

Fees  and  proceedings  of  chamberlain  in  collecting  school 

taxes. 

233. 

Chamberlain  authorized  to  borrow  moneys  for  current  ex¬ 
penses. 

234. 

School  funds  to  be  disbursed  upon  warrants  of  the  board  of 

education. 

235. 

Annual  settlement  with  chamberlain. 

236. 

Special  school  elections. 

237. 

Report  of  municipal  bonds. 

238. 

Annual  report  of  the  board  of  education. 

239. 

Common  council  to  pass  necessary  school  ordinances. 

240. 

Right  to  vote  for  school  commissioner. 

241. 

Fiscal  and  official  school  years. 

*  Sections  220  to  241  inclusive,  Repealed  by  Chap.  786  Laws  of  1917 
(Education  Law.) 


97 


ARTICLE  XI. 


BOARD  OF  HEALTH;  CITY  PHYSICIAN;  CHARITIES. 


Section  250.  Meetings  of  board  of  health. 


251.  City  physician  and  health  officer. 

252.  Powers  and  duties  of  the  commissioner  of  charities. 

253.  Expenditures  for  support  of  poor. 


254.  Monthly  reports  of  commissioner. 


§  250.  Meetings  of  board  of  health.  The  board  of  health  shall  hold 
its  stated  meetings  in  the  common  council  rooms  in  the  city  building. 

§  251.  City  physician  and  health  officer.  The  city  physician  shall, 
under  the  direction  of  the  commissioner  of  charities,  visit  such  of  the 
poor  of  the  city  as  may  be  ill,  at  their  places  of  abode,  and  give  them 
medical  attention  and  care,  and  supply  them  or  cause  them  to  be  sup¬ 
plied  with  such  medicines  as  their  condition  may  require.  He  shall  be 
allowed  for  all  medicines  furnished  by  him  to  the  poor  of  the  city.  All 
medicines  furnished  by  other  persons  upon  his  order  or  the  order  of 
the  commissioner  of  charities,  shall  be  audited  and  paid  from  the  poor 
fund  of  the  city.  The  city  physician  shall  be  the  health  officer  of  the 
city  and  as  such  shall  have  the  powers  and  perform  the  duties  prescribed 
by  law. 

*  §  252.  Powers  and  duties  of  the  commissioner  of  charities.  Except  as 
otherwise  provided  by  this  act,  the  commissioner  of  charities  of  the  city  of 
Johnstowm,  shall  have  and  exercise  within  the  city  of  Johnstown  the  same 
powers  and  discharge  the  same  duties,  to  the  exclusion  of  any  other  officer, 
as  overseers  of  the  poor  in  the  several  towns  in  Fulton  county.  The 
commissioner  of  charities  shall  have  all  the  powers  and  authority  of 
overseers  of  the  poor  of  the  several  towns  of  this  state  in  relation  to  the 
support  and  relief  of  indigent  persons,  the  binding  out  of  children,  the 
care  of  habitual  drunkards,  the  binding  out  and  contract  for  the  service 
of  disorderly  persons,  and  the  same  powers  as  overseers  of  the  poor  and 
county  superintendents  of  the  poor  have  in  relation  to  the  insane,  the  sup¬ 
port  of  bastards  and  proceedings  to  charge  the  fathers  and  mothers  of 
such  bastards,  and  all  such  other  powers  as  are  conferred  on  overseers 
of  the  poor  in  the  respective  towns  of  this  state,  and  shall  be  subject 
to  the  same  duties,  obligations  and  liabilities.  He  shall  keep  his  office 
in  some  convenient  part  of  the  city,  to  be  approved  by  the  common  council. 
He  shall  visit  the  poor  of  the  city  at  their  several  places  of  abode  and 
examine  into  their  circumstances,  and  ascertain  to  what  extent  they  are 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


98 


or  may  be  in  need  and  entitled  to  permanent  or  temporary  relief.  He 
shall  require  all  persons  making  application  for  relief  to  make  such  ap¬ 
plication  in  writing,  which  shall  be  preserved  by  said  commissioner,  and 
at  the  end  of  eq,ch  month  all  such  applications  made  during  the  month 
shall  be  filed  with  the  city  clerk.  He  may  administer  oaths  to  and  exam¬ 
ine  under  oath  any  person  applying  to  him  for  relief.  For  all  purposes 
relating  to  the  maintenance  and  support  of  the  poor,  the  city  of  Johns¬ 
town  shall  be  deemed  one  of  the  towns  of  Fulton  county.  The  commis¬ 
sioner  shall  issue  written  orders  for  all  means,  provisions  and  supplies 
furnished  to  the  poor  of  said  city.  He  shall  not  employ  any  physician 
other  than  the  city  physician  appointed  by  the  common  council,  except 
where  immediate  surgical  relief  is  required. 

§  253.  Expenditures  for  support  of  poor.  All  the  expenses  for  the 
support  and  relief  of  the  poor  persons  of  the  city  of  Johnstown  incurred 
under  the  provisions  of  this  article,  and  all  expenses  properly  charge¬ 
able  under  any  other  act  against  the  city  for  the  support  and  relief 
of  poor  persons  shall  be  paid  out  of  the  poor  fund,  and  no  other  expen¬ 
ditures  shall  be  made  therefrom  except  as  otherwise  provided  in  this  act. 

§  254.  Monthly  reports  of  commissioner.  Said  commissioner  shall 
at  the  first  regular  meeting  of  the  common  council  in  each  month,  report 
to  the  common  council  under  oath  in  detail,  all  appropriations,  expendi¬ 
tures,  temporary  relief  and  allowances  made  by  him  as  such  commis¬ 
sioner  during  the  month  preceding,  which  report  shall  specify  the  name 
and  place  of  abode  of  each  person  relieved,  the  quaality,*  quantity  and 
price  per  pound,  or  otherwise  as  the  case  may  be,  of  each  article  ordered  or 
furnished,  and  from  whom  obtained;  said  report  shall  also  contain  the 
names  and  places  of  abode  of  all  persons  to  whom  meals  or  lodgings  have 
been  furnished,  the  number  of  such  mentis  and  lodgings,  from  whom  obtain¬ 
ed,  or  by  whom  furnished,  and  the  cost  of  the  same.  Said  report  shall  be 
filed  with  the  city  clerk. 


ARTICLE  XII. 


THE  RECORDER;  GENERAL  POWERS,  INCLUDING  CRIMINAL 

JURISDICTION. 


Section  260. 

261. 

262. 

263. 

264. 


Recorder  to  attend  at  office. 

Acting  recorder. 

Removal  of  recorded.! 

Form  and  service  of  processes  and  mandates;  docket. 
Criminal  jurisdiction  and  powers  of  recorder. 


*  So  in  original. 


t  So  in  original. 


99 


265.  Courts  of  special  sessions. 

266.  Actions  under  ordinances. 

267.  Proceeding's  to  annul  or  suspend  licenses. 

268.  Fees,  fines  and  penalties  to  be  paid  to  city. 

269.  Vagrants  and  disorderly  persons. 

*  260.  Recorder  to  attend  at  office.  The  recorder  shall  attend  at  the  office 
provided  by  the  common  council  at  certain  hours  of  each  day,  to  be 
designated  by  him,  except  Sundays  and  legal  holidays,  to  hear  such  mat¬ 
ters,  issue  such  processes  and  institute  such  proceedings  as  the  adminis¬ 
tration  of  justice  requires,  in  accordance  with  the  powers  and  jurisdiction 
herein  conferred  upon  him. 

**§  261.  Acting  recorder.  In  case  of  the  annual  vacation,  inability  of  the 
recorder  to  act  by  reason  of  absence  from  the  city,  sickness  or  other  cause, 
or  in  case  of  his  legal  disability  to  act,  or  in  cage  of  a  vacancy  occurring 
in  his  office,  and  as  long  as  such  inability  or  disability  exists,  and  until 
such  vacancy  be  filled,  the  powers,  jurisdiction  and  duties  civil  and 
criminal  in  this  act  conferred  and  imposed  upon  the  recorder  are  hereby 
conferred  and  imposed  upon  the  acting  recorder.  In  the  month  of  Janu¬ 
ary,  of  each  year,  ‘the  common  council  shall  designate  an  attorney-at-law 
of  the  city  of  Johnstown  having  the  qualifications  prescribed  for  recorder 
by  section  fourteen  of  this  act,  who  shall  be  acting  recorder  of  the  city  of 
Johnstown  for  the  official  year  in  which  he  is  appointed.  In  case  any 
warrant  issued  by  the  recorder  shall  be  returned  during  his  absence  from 
the  city  or  during  his  inability  or  disability  to  attend  to  the  duties  of  his 
office,  any  further  proceedings  may  be  had  on  such  warrant  before  the 
acting  recorder,  who,  after  having  once  obtained  jurisdiction  in  any  crim¬ 
inal  action  or  proceeding,  or  special  proceeding  of  a  criminal  nature,  by 
virtue  of  the  provisions  of  this  act,  may  retain  such  jurisdiction  and  pro¬ 
ceed  to  the  determination  of  such  action  or  proceeding.  A  civil  action  or 
special  proceeding  pending  before  the  recorder,  trial  of  which  has  not 
been  commenced,  may  be  continued  during  the  vacation,  inability  or  dis¬ 
ability  of  the  recorder,  to  judgment  or  final  order  or  other  determination 
thereof  before  the  acting  recorder,  and  execution  or  other  process  for  the 
enforcement  of  such  judgment  or  order,  or  a  transcript  of  such  judgment, 
may  be  issued  by  the  acting  recorder  with  the  same  force  and  effect  as 
like  process  or  transcript  issued  by  the  recorder  in  an  action  or  proceeding 
brought  before  him.  A  civil  action  or  special  proceeding  pending  before 
the  acting  recorder,  trial  of  which  has  not  been  commenced,  may  be  con¬ 
tinued  to  judgment  or  final  order  or  other  determination  thereof  before 


*  As  amended  by  Chap.  326,  Laws  of  1916. 
**  As  amended  by  Chap.  326,  Laws  of  1916. 


100 


the  recorder.  A  civil  action  or  special  proceeding  pending  before  the 
acting  recorder,  trial  of  which  has  been  commenced,  may  be  continued 
to  judgment  or  final  order  or  other  determination  thereof  before  the  act¬ 
ing  recorder,  and  execution  or  other  process  for  the  enforcement  of  such 
judgment  of  order,  or  a  transcript  of  such  judgment,  may  be  issued  by  the 
acting  recorder  with  the  same  force  and  effect  as  like  process  or  tran¬ 
script  issued  by  the  recorder  in  an  action  or  preceeding  brought  before  him. 
While  serving  as  recorder  the  acting  recorder  shall  receive  compensa¬ 
tion  at  the  same  rate  as  the  recorder’s  salary.  The  recorder  and  acting 
recorder  shall  each  report  to  the  common  council  at  the  first  regular  meet¬ 
ing  thereof  in  each  month,  the  time,  if  any,  during  which  the  recorder 
shall  have  failed  in  the  preceding  month  to  attend  to  the  duties  of  his  office, 
and  the  time,  if  any,  during  which  the  acting  recorder  shall  have  acted 
in  the  place  of  the  recorder  in  such  preceding  month.  The  recorder  shall 
not  be  paid  for  such  time  as  he  fails  to  perform  the  duties  of  his  office 
except  during  his  annual  vacation.  A  ratable  proportion  shall  be  de¬ 
ducted  from  his  salary  because  of  any  such  failure  to  perform  his  duties, 
and  such  deduction  to  be  determined  by  the  common  council  shall  be  paid 
by  the  chamberlain  to  the  acting  recorder. 

§  262.  Removal  of  recorder.  The  recorder  may  be  removed  for  cause 
after  due  notice  and  an  opportunity  of  being  heard,  by  the  appellate  divis¬ 
ion  of  the  third  department  of  the  supreme  court. 

§  263.  Form  and  service  of  processes  and  mandates;  docket.  All 
processes,  mandates,  orders,  commitments  or  other  documents  made  or 
issued  by  the  recorder,  shall  be  signed,  in  addition  to  his  name,  “Recorder 
of  the  City  of  Johnstown;”  when  made  or  issued  by  the  acting  recorder, 
the  same  shall  be  signed,  in  addition  to  his  name,  “Acting  Recorder  of 
the  City  of  Johnstown.”  All  processes  and  mandates  issued  by  the  re¬ 
corder  or  acting  recorder  requiring  service,  except  such  as  are  issued 
by  the  city  court,  shall  be  served  by  the  city  policemen,  or  by  officers 
authorized  by  the  laws  of  this  State  to  serve  such  processes  and  man¬ 
dates,  and  the  same  may  be  served  in  any  county  of  this  State  without 
being  endorsed  by  any  other  magistrate.  The  recorder  and  acting  recorder 
shall  keep  a  docket  of  all  business  done  by  them,  with  full  items  and 
dates,  and  with  a  proper  and  convenient  index.  Such  docket  shall  contain 
a  record  or  brief  statement  of  all  convictions,  acquittals  and  judg¬ 
ments  before  either  of  them,  and  the  same  shall  be  open  during  office 
hours  to  public  inspection  when  not  in  use. 

*  §  264  Criminal  jurisdiction  and  powers  of  recorder.  The  recorder  of 
said  city  in  all  criminal  actions  and  special  proceedings  of  a  criminal 
nature  for  or  on  account  of  offenses  committed  or  charged  to  have  been 
committed  within  said  city,  shall  have  all  the  jurisdiction  and  authority 


As  amended  by  Chap.  326,  Laws  of  1916. 


101 


which  a  justice  of  the  peace  of  any  town  would  have  if  such  offense  were 
committed  or  charged  to  have  been  committed  in  such  town,  including 
bastardy  proceedings,  in  which  latter  proceedings  it  shall  not  be  necessary 
for  the  recorder  to  associate  with  himself  another  magistrate.  The  said 
recorder  shall  have  power  to  let  to  bail  all  persons  charged  with  crime 
before  him  in  all  cases  of  felony  where  imprisonment  in  the  state  prison  on 
conviction  of  such  felony,  can  not  exceed  five  years.  The  said  recorder 
shall  have  jurisdiction  and  authority  to  hear,  try  and  determine  summarily 
and  without  a  jury  all  charges  and  complaints  against  persons  for  dis¬ 
orderly  conduct  in  said  city,  as  defined  by  this  act,  or  of  such  conduct  in 
said  city  as  constitutes  such  persons  tramps,  vagrants  or  disorderly  per¬ 
sons,  as  defined  either  by  this  act  or  by  the  statutes  of  this  state.  When¬ 
ever  any  person  shall  be  brought  before  said  recorder,  either  with  or  with¬ 
out  warrant,  charged  with  being  such  tramp,  if  said  recorder  is  satisfied, 
by  the  confession  of  such  person,  or  by  competent  evidence  upon  such 
summary  trial,  that  such  person  is  such  tramp,  the  recorder  shall  there¬ 
upon  have  jurisdiction  and  authority  to  render  judgment  convicting  such 
person  thereof,  and  imposing  such  sentence  therefor  as  is  provided  by 
section  twenty-three  hundred  and  seventy  of  the  penal  law  for  such 
offense.  Whenever  any  person  is  brought  before  such  recorder,  either 
with  or  without  warrant,  charged  with  such  disorderly  conduct,  or 
with  being  such  vagrant  or  such  disorderly  person,  if  said  recorder 
shall  be  satisfied,  by  confession  of  such  person,  or  by  competent 
evidence  upon  such  summary  trial  that  such  person  has  been  guilty  of 
such  disorderly  conduct,  or  is  such  vagrant  or  disorderly  person,  the  said 
recorder  may  thereupon  take  such  further  proceedings  thereon  as  a  magis¬ 
trate  is  authorized  by  the  code  of  criminal  procedure  to  take  in  such  case; 
or,  the  said  recorder  may,  instead,  render  judgment  convicting  such  person 
of  disorderly  conduct,  or  of  being  a  vagrant  or  disorderly  person,  as 
the  case  may  be,  and  adjudging  that  he  pay  a  fine  not  exceeding  fifty 
dollars  or  be  imprisoned  not  exceeding  six  months,  or  both,  as  the  case 
may  require,  which  judgment  shall  be  enforced  in  the  same  manner  in 
all  respects  as  judgments  of  courts'  of  special  sessions  are  enforced. 

§  265.  Courts  of  special  sessions.  The  said  recorder  is  hereby  em¬ 
powered  to  hold  courts  of  special  sessions  in  said  city.  Subject  to  the 
power  of  removal  provided  for  in  sections  fifty-seven  and  fifty-eight 
of  the  code  of  criminal  procedure,  courts  of  special  sessions  held  by  said 
recorder  shall  have,  in  the  first  instance,  exclusive  jurisdiction  to  hear, 
try  and  determine  all  charges  of  misdemeanors  committed  within  said 
city,  and  also  all  charges  of  misdemeanors  committed  by  violations  of 
the  charter  of  the  city  of  Johnstown,  or  by  violation  of  the  ordinances 
or  regulations  promulgated  pursuant  to  this  act.  Courts  of  special  ses¬ 
sions  held  by  said  recorder  shall  also  (subject  to  the  power  of  removal 
provided  by  sections  fifty-seven  and  fifty-eight  of  the  code  of  criminal 


102 


procedure)  have  jurisdiction  to  hear,  try  and  determine  charges  of  mis¬ 
demeanors,  committed  as  follows:  Committed  partly  within  and  partly 
without  said  city,  or  when  the  acts,  ommissions  or  effects  thereof,  which 
constitute  or  are  requisite  to  the  consummation  of  such  misdemeanor, 
occur  partly  within  and  partly  without  said  city;  committed  in  this  State, 
in  or  on  board  of  any  railway  engine,  train  or  car  making  a  passage  or 
trip  on  or  over  any  railway  in  this  State,  or  in  respect  to  any  portion 
of  the  lading  or  freightage  of  any  such  railway  engine,  train  or  car,  in 
case  such  railway  engine,  train  or  car  passes  or  has  passed  in  the  course 
of  the  same  passage  or  trip  through  said  city,  or  any  part  thereof,  or 
when  such  passage  or  trip  terminates  .  in  said  city,  or  would  terminate 
in  said  city  if  completed.  When  a  person  shall  be  convicted  by  a  court 
of  special  sessions  held  by  said  recorder  of  any  misdemeanor  of  which 
such  court  has  jurisdiction,  the  court  of  special  sessions  held  by  said 
recorder  may  render  such  judgment,  imposing  such  sentence  therefor,  as 
a  county  court  might  lawfully  render  and  impose  in  case  a  conviction 
of  such  crime  were  had  in  a  county  court.  Except  as  hereinbefore  pro¬ 
vided,  courts  of  special  sessions  held  by  said  recorder  shall  have  all  the 
powers  and  jurisdiction  conferred  upon  courts  of  special  sessions  by  the 
code  of  criminal  procedure,  and  shall  be  subject  to  all  the  provisions  of 
said  code  relating  to  courts  of  special  sessions. 

*  §  266.  Actions  under  ordinances.  The  said  recorder,  in  addition  to  the 
jurisdiction  and  powers  hereinbefore  conferred,  shall  except  as  other¬ 
wise  provided  in  section  two  hundred  and  eighty-three  of  this  act,  possess 
exclusive  jurisdiction  and  authority  for  the  issuing  of  process  and  for  the 
trial  and  determination  of  all  actions  arising  under  the  provisions  of  this 
chapter  or  the  ordinances  of  said  city,  and  for  the  enforcement  and  re¬ 
covery  of  all  forfeitures,  fines,  penalties,  taxes,  assessments  or  water  rates 
imposed  by  such  chapter  and  ordinances,  and  also  in  all  actions  for  the 
enforcements  of  the  rules  and  regulations  of  the  board  of  health  of  said 
city  to  the  amount  of  one  thousand  dollars.  All  such  actions  shall  be  com¬ 
menced  by  summons,  which  may  be  made  returnable  forthwith,  in  the 
name  of  the  city,  upon  the  complaint  of  the  city  attorney,  any  police 
officer  or  health  officer  of  said  city.  Upon  the  rendition  of  judgment 
against  the  defendant  in  any  such  action,  execution  may  be  issued  thereon 
immediately,  and  shall  require  that  if  the  officer  to  whom  it  is  issued  can 
not  find  goods  or  chattels  of  the  defendant  whereof  judgment  can  be  col¬ 
lected,  that  the  defendant  be  imprisioned  in  the  county  jail  of  Fulton 
county  for  a  term  not  exceeding  thirty  days.  In  any  such  action  it  shall 
be  sufficient  to  state  in  the  complaint  the  article  and  section  or  sections 
of  the  act  or  ordinance  alleged  to  have  been  violated  or  under  which  the 
penalty,  tax,  assessment  or  water  rate  is  claimed,  the  time  of  its  passage 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


103 


and  the  amount  of  the  penalty  claimed.  Any  other  facts  may  be  given  in 
evidence  without  being  stated  in  the  complaint.  All  expenses  incurred  in 
proceedings  for  the  recovery  of  any  fine,  penalty,  forfeiture,  tax,  assess¬ 
ment,  or  water  rate,  shall  be  defrayed  by  the  city  subject  to  the  pro¬ 
visions  of  this  act;  and  all  such  fines,  penalties,  forfeitures  and  costs, 
taxes,  assessments  and  water  rates,  when  collected,  shall  be  paid  to  the 
chamberlain  and  credited  to  the  police  fund,  except  as  herein  otherwise 
provided. 

§  267.  Proceedings  to  annul  or  suspend  licenses.  The  recorder  of 
the  city  may  hear,  in  a  summary  way,  any  complaint  for  any  violation 
of  the  laws  of  the  State  or  of  the  ordinances  of  the  common  council, 
against  any  person  to  whom  a  license  of  any  description  may  have  been 
granted  in  pursuance  of  this  act,  and  may  compel  the  attendance  of  wit- 
nessess  on  the  hearing  of  such  complaint  in  the  same  manner  as  a  justice 
of  the  peace  in  the  trial  of  civil  causes,  and  on  such  hearing  may  anhul 
such  license  or  suspend  the  same  for  any  certain  time.  Every  determi¬ 
nation  on  such  complaint  shall  be  forthwith  filed  with  the  city  clerk, 
who  shall  serve  a  certfied  copy  thereof  on  the  person  holding  the  license 
affected  by  such  determination,  either  personally  or  by  leaving  the  same 
at  his  or  her  place  of  abode  or  business,  and  from  the  time  of  such  service 
such  license  shall  be  deemed  to  be  annulled  or  suspended  according  to  the 
terms  of  such  determination  until  the  same  shall  be  reversed  by  the  mayor. 
At  least  twenty-four  hours’  notice  of  the  time  and  place  of  hearing  such 
complaint  shall  be  served  on  the  person  complained  of,  and  such  person 
may  appeal  from  the  determination  of  the  recorder  within  forty-eight 
hours  after  the  same  shall  have  been  made  to  the  mayor,  by  filing  his 
appeal  with  the  clerk  and  stating  the  grounds  thereof,  and  said  mayor 
shall  have  power  to  reverse  or  affirm  the  same,  but  such  appeal  shall 
not  suspend  or  in  any  manner  affect  such  determination  until  the  decision 
of  the  mayor  thereon. 

§  268.  Fees,  fines  and  penalties  to  be  paid  to  city.  Neither  the  re¬ 
corder  nor  acting  recorder  shall  receive  for  his  own  benefit  any  fee 
for  services  performed  under  this  act,  but  they  shall  each  demand  and 
receive  in  all  proceedings  before  them,  for  all  services  rendered  by  them 
as  recorder  and  acting  recorder,  the  same  fees  as  are  provided  by  law 
for  justices  of  the  peace  of  towns  for  like  services,  and  all  fees  and 
charges  which  may  be  legally  payable  whenever  any  suit  or  proceeding 
before  either  of  them  shall  be  settled  or  dismissed  by  consent,  including 
constables’  fees.  All  such  costs  and  fees  and  fines  and  penalties,  or 
other  money  collected  by  either  of  them  during  any  month,  shall  be 
paid  to  the  chamberlain  before  the  next  regular  meeting  of  the  common 
council  in  the  next  succeeding  month;  and  any  failure  or  omission  to 
pay  over  such  fine,  penalty  or  other  moneys  shall  be  sufficient  cause 
for  removal  of  such  recorder  or  acting  recorder  from  office;  the  recorder 


104 


and  acting-  recorder  shall  each  file  with  the  city  clerk,  prior  to  the  time 
of  the  first  regular  meeting  of  the  common  council  in  each  month  a 
complete  and  detailed  statement,  verified  by  his  oath  to  be  true,  of  all 
moneys  payable  to  the  city  chamberlain  by  virtue  of  the  provisions  of 
this  act  which  were  received  by  said  recorder  or  acting  recorder  during 
the  next  preceding  month,  with  the  written  receipt  of  said  chamberlain 
of  the  payment  of  said  moneys  to  him  attached  to  such  statement;  the 
recorder  and  acting  recorder  shall  keep  an  account  of  all  such  fees  and 
fines  and  of  all  criminal  business  done  by  him,  which  shall  be  a  county 
charge,  and  shall  annually,  at  the  time  of  the  presentation  of  claims 
against  the  county  of  Fulton,  file  in  the  office  of  the  city  clerk  said 
account,  properly  made  and  verified,  and  the  clerk  shall  present  the 
same  to  the  board  of  supervisors  of  said  county,  and  said  board  shall 
audit  the  said  account  to  the  city  of  Johnstown,  and  issue  their  check 
or ‘order  therefor  payable  to  the  city  chamberlain  of  said  city,  and  -levy 
the  amount  thereof  in  the  same  manner  as  other  county  charges. 

§  269.  Vagrants  and  disorderly  persons.  In  addition  to  the  persons 
mentioned  and  described  in  section  eight  hundred  and  eighty-seven  of 
the  code  of  criminal  procedure,  all  habitual  drunkards  in  said  city  shall 
be  deemed  vagrants.  In  addition  to  the  persons  mentioned  and  described 
in  section  eight  hundred  and  ninety-nine  of  the  code  of  criminal  pro¬ 
cedure,  the  following  persons  within  the  city  of  Johnstown  shall  be  deem¬ 
ed  disorderly  persons,  and  may  be  proceeded  against  and  punished  accord¬ 
ing  to  the  provisions  of  this  act:  — 

1.  Any  person  who  shall  be  intoxicated  in  said  city  under  such  circum¬ 
stances  as  to  amount  to  a  disturbance  of  the  public  peace; 

2.  Any  person  who  shall  by  firing  any  firearms  or  by  noisy,  tumultuous 
or  riotous  conduct,  disturb  the  peace  and  quiet  of  said  city; 

3.  Any  person  who  shall  willfully  give,  or  assist  in  giving,  a  false  alarm 
of  fire ; 

4.  Any  person  who  shall  use  any  vulgar,  indecent  or  obscene  language,  or 
be  guilty  of  any  vulgar,  indecent  or  obscene  conduct  in  any  public  street 
or  place  in  said  city; 

5.  Any  person  who  shall  neglect  or  refuse  to  report  cases  of  contagious 
or  pestilential  disease,  in  pursuance  of  the  regulation  of  the  board  of 
health; 

6.  Any  person  who  shall  be  guilty  of  immoderate  driving,  or  of  racing 
horses,  on  any  of  the  streets  of  said  city; 

7.  Any  person  who  shall  have  incited  or  induced  dogs  to  fight,  in  any 
street  or  public  place  of  said  city,  the  owner  of  any  ferocious  or  vicious 
dog,  who  shall  permit  him  to  be  at  large  unmuzzled,  in  any  street  or 
public  place  in  said  city; 

8.  Any  person  who  shall  use  any  threatening,  abusive  or  insulting 


105 


language,  or  be  guilty  of  threatening,  abusive  or  insulting  behavior, 
provoking  or  tending  to  provoke  a  breach  of  the  peace  in  said  city; 

9.  Any  person  who  shall  willfully  remove,  break,  mar,  injure,  or  deface 
any  building,  fence,  awning,  sign,  signboard,  window,  gate  or  other  private 
property  of  any  person  or  corporation  in  said  city  or  any  property  belong¬ 
ing  to  said  city; 

10.  Any  person  who  shall  pile  up  before  any  door,  or  upon  any  side¬ 
walk  or  street,  boxes,  casks,  or  other  things  for  the  purpose  of  annoy¬ 
ance  or  mischief  in  said  city,  or  who  shall  willfully  tear  down,  destroy,  or 
mutilate,  any  notice  or  handbill,  lawfully  posted  up  in  said  city; 

11.  Any  person  who  shall  willfully  and  maliciously  rub  or  throw  any 
paint,  ink,  liquid,  missile,  or  other  substance,  upon  or  against  any  fence, 
structure  or  building,  or  against  or  through  any  window  or  door  of  any 
building  in  said  city; 

12.  Any  person  who  at  the  time  of  any  fire  in  said  city  shall  interfere, 
or  attempt  to  interfere,  with  the  operation  of  the  fire  department,  or  of 
its  members,  agents,  officers,  or  men,  in  their  efforts  to  prevent  or  extin¬ 
guish  a  fire,  or  shall  interfere,  or  attempt  to  interfere  with  or  prevent, 
or  obstruct  the  execution  of  the  orders  of  the  proper  officers  of  said 
fire  department  in  the  performance  of  their  duties  at  such  fire,  or  any 
member  of  the  fire  department  who  shall  be  guilty  of  insubordination, 
or  willful  disobedience  of  the  lawful  and  proper  orders  of  his  superior- 
officers  in  the  discharge  of  their  duties  at  such  fire; 

13.  Any  person  who  shall,  with  others,  idly  or  improperly  congregate 
upon  the  sidewalks  or  about  the  corners  of  the  streets  in  said  city,  so 
as  to  hinder,  delay  or  annoy  persons  using  or  passing  along  said  streets 
or  walks; 

14.  Any  person  who  shall,  alone  or  with  others,  not  using  the  public 
ways  of  said  city  to  pass  and  repass,  lounge  and  loiter  about,  standing 
on  or  occupying  the  sidewalks  or  any  public  place  in  front  of  or  along 
any  premises  or  buildings,  public  or  private,  not  owned  or  occupied  by 
such  persons,  or  shall  be,  without  any  right,  in  or  about  the  approaches, 
passages,  entrances,  hall  or  stairway  of  any  building  used  for  public 
assemblages  or  public  resort,  to  the  annoyance  or  impediment  of  per¬ 
sons  lawfully  passing  and  repassing,  or  of  property  owners,  and  who 
shall  refuse,  after  direction  of  any  officer  or  citizen,  to  pass  along  or 
disperse  from  said  place  or  places; 

15.  Any  person  who  shall  disturb  or  interrupt  any  public  meeting, 
school,  concert,  theatre,  or  exhibition,  or  any  assemblage,  without  lawful 
authority; 

16.  Any  person  who  shall  commit  any  nuisance  in  or  around  the  fire 
department  buildings  or  other  city  buildings; 

17.  Any  person  who  shall  be  found  lodging,  or  attempting  to  lodge  in, 
or  improperly  frequenting  or  hanging  around  said  buildings  without  the 


106 


consent  of  the  chief  engineer  of  the  Are  department  or  the  janitor  of 
said  buildings; 

18.  Any  person,  not  a  fireman,  who  shall  take  or  use  any  of  the 
property  in  the  possession  of  the  said  fire  department  without  the  consent 
of  the  chief  engineer; 

19.  Any  person  who  shall  be  found  in  the  night  time  lurking  suspic¬ 
iously  around  any  place  in  said  city,  and  who  shall  refuse,  on  demand 
of  any  policeman  or  watchman  to  give  an  account  of  himself; 

20.  Any  person  who  shall  maliciously  and  unlawfully  open  or  enter 
any  barn,  stable  or  inclosure  and  take  away  therefrom,  or  shall  take  away 
from  any  other  place  in  said  city,  any  horse,  team,  harness,  carriage  or  ve¬ 
hicle  of  another,  under  circumstances  not  making  said  offense  larceny  or  a 
felony; 

21.  Any  person  who  shall,  being  a  licensed  hackman,  cartman,  owner 
or  driver  of  any  omnibus  or  porter  within  said  city,  knowingly  violate 
any  lawful  regulation  of  the  common  council  relating  to  such  persons  or 
vehicles; 

22.  Any  person  who  shall  be  found  engaged  in  any  public  place  afore¬ 
said  throwing  stones  or  other  missiles  and  endangering  persons  and 
property; 

23.  Any  person  who  shall  wantonly  and  maliciously  injure  any  street 
or  public  gas  or  electric  lamp,  lamp-post,  wire,  gas-pipe,  or  main,  or 
any  city  pipe,  main,  hydrant,  hose  or  other  works  or  apparatus  for  the 
extinguishment  of  fires,  including  electric  fire-alarm  apparatus,  boxes, 
wires,  posts  and  all  appurtenances  thereto,  or  any  steam  main  or  other 
steam  boxes  or  apparatus  in  any  street  or  public  place  in  said  city,  for 
transmission  of  heat  and  power,  or  any  street  corner  signs  put  up  by 
authority  of  the  common  council. 

24.  Any  person  who  shall  be  found  naked  or  with  person  improperly 
exposed,  bathing  in  any  of  the  canals,  basins,  streams,  races,  ponds  or 
waters  in  said  city,  in  any  public  place  or  within  sight  of  any  public 
place  between  the  hours  of  five  in  the  morning  and  nine  o’clock  in  the 
evening. 


ARTICLE  XIII. 

CITY  COURT. 


Section  280.  City  court  established. 


281.  Seal. 

282.  Powers  and  jurisdiction  of  city  court. 

283.  Actions  for  forfeitures,  penalties,  etc. 

284.  Form  of  process;  service  and  return. 


107 


285.  Practice  and  pleadings;  adjournments;  appearances. 

286.  Juries. 

287.  Pay  of  jurors  in  city  court. 

288.  Jury  lists. 

289.  Costs  and  fees. 

290.  Opening  judgments  on  default;  stay  of  proceedings. 

291.  Transcript  of  judgments  to  be  furnished. 

292.  Punishment  for  contempts. 

293.  Cash  book;  monthly  statement;  payment  of  moneys. 

294.  Annual  report  of  recorder. 

295.  Docket;  receipt  of  moneys;  fees  and  costs  to  be  paid  in 

advance. 

296.  Certifying  and  filing  documents;  copies  of,  evidence. 

§  280.  City  court  established.  There  is  hereby  established  on  and 
after  January  first,  nineteen  hundred  and  six,  the  city  court  of  Johns¬ 
town,  which  shall  be  a  court  not  of  record  of  civil  jurisdiction,  with  the 
jurisdiction  and  powers  hereinafter  conferred.  The  recorder  shall  be 
the  judge  of  such  court. 

§  281.  Seal.  Said  court  shall  have  a  seal  which  shall  contain  the  words 
“City  Court  of  Johnstown,  New  York. — Seal.”  Such  seal  shall  be  fur¬ 
nished  by  the  common  council  at  the  expense  of  the  city. 

§  282.  Powers  and  jurisdiction  of  the  city  court.  Said  city  court 
shall  have  and  possess  the  same  powers  and  jurisdiction  as  courts  of 
justices  of  the  peace,  and  in  addition,  in  the  classes  of  of*  actions  triable 
by  or  before  a  justice  of  the  peace,  said  city  court  shall  have  jurisdiction 
to  try  and  determine  such  actions  where  the  sum  claimed  does  not 
exceed  five  hundred  dollars,  or  in  a  matter  of  account  where  the  sum 
total  of  the  accounts  of  both  parties,  proved  to  the  satisfaction  of  the 
court,  does  not  exceed  one  thousand  dollars,  or,  in  an  action  to  recover 
one  or  more  chattels,  with  or  without  damages  for  the  taking,  with¬ 
holding  or  detention  thereof,  where  the  value  of  the  chattel  or  of  all 
the  chattels  as  stated  in  the  affidavit  made  on  the  part  of  the  plaintiff, 
or  in  the  complaint,  if  no  affidavit  is  made,  does  not  exceed  five  hundred 
dollars. 

§  283.  Actions  for  forfeitures,  penalties,  etc.  On  and  after  January 
first,  nineteen  hundred  and  six,  all  actions  for  the  recovery  of  forfeitures, 
penalties,  taxes,  assessments  or  water  rents,  as  provided  in  section  two 
hundred  and  sixty-six,  and  all  proceedings  for  the  annulment  or  suspen¬ 
sion  of  licenses  as  provided  in  section  two  hundred  and  sixty-seven. 


*  So  in  original. 


108 


shall  be  brought  in  the  city  court,  and  all  the  provisions  of  sections  two 
hundred  and  sixty-six,  two  hundred  and  sixty-seven  and  two  hundred  and 
sixty-eight  shall  apply  thereto. 

§  284.  Processes;  service,  execution,  and  enforcement  thereof.  The 

processes  and  mandates  of  the  city  court,  the  service,  execution  and  en¬ 
forcement  thereof,  and  the  proceeding^  thereunder  shall  be  the  same  as 
in  courts  of  justices  of  the  peace  of  towns,  except  as  otherwise  pro¬ 
vided  in  this  act.  All  processes  shall  be  entitled  in  the  city  court  of 
the  city  of  Johnstown,  issued  by  the  recorder,  served  by  a  member  of 
the  police  force  of  said  city,  and  made  returnable  within  the  times  pre¬ 
scribed  by  the  code  of  civil  procedure  for  justices  of  the  peace  of  towns. 
In  the  service,  execution  and  enforcement  of  such  processes  the  mem¬ 
bers  of  the  police  force  shall  possess,  in  all  actions  and  proceedings  in 
said  court,  all  the  powers,  be  under  all  the  obligations,  and  discharge  all 
the  duties  of  constables  of  towns. 

§  285.  Practice  and  pleadings;  adjournments;  appearances.  Pro¬ 
ceedings,  practice  and  pleadings,  including  appeals,  shall  be  governed 
by  the  provisions  of  the  code  of  civil  procedure  relating  to  justice’s  courts, 
except  as  otherwise  provided  herein.  The  provisions  of  the  statutes 
of  this  State  relating  to  verified  complaints  in  justices’  courts,  and  the 
practice  thereon,  shall  apply  to  this  court.  At  the  time  of  joining  issue, 
the  court  may  adjourn  any  case  coming  before  it,  on  its  own  motion,  not 
exceeding  ten  days.  Appearances  in  said  court,  otherwise  than  in  per¬ 
son,  shall  be  governed  by  the  law  and  practice  of  courts  of  record. 

§  286.  Juries.  Jury  trials  shall  be  had  in  said  court  as  in  courts 
of  justices  of  the  peace.  Juries  shall  be  formed,  drawn  and  summoned 
for  said  court  in  the  same  manner  that  juries  are  formed,  drawn  and 
summoned  in  courts  of  justice  of  the  peace. 

§  287.  Pay  of  jurors  in  city  court.  Jurors  in  the  city  court  shall 
receive  the  same  compensation  as  jurors  of  justices’  courts  held  by  justices 
of  the  peace. 

*  §  288.  Jury  list.  Whenever  a  list  is  made  by  the  proper  officer  or 
officers  of  the  persons  who  are  required  to  serve  as  jurors  as  provided  in 
section  twenty- eight  of  this  act,  a  duplicate  of  such  list  shall  be  filed  by 
such  officer  or  officers  with  the  city  clerk.  The  clerk  shall  immediately 
make  two  copies  from  such  list  of  all  the  names  of  jurors  therein  who 
are  residents  of  the  city,  and  file  one  of  such  copies  in  the  city  court. 

§  289.  Costs  and  fees.  In  all  actions  and  proceedings  brought  in  such 
court  the  same  costs  and  fees  shall  be  paid,  taxed  and  recovered,  as  in 
actions  and  proceedings  before  justices  of  the  peace,  and  in  addition 
thereto  there  shall  be  allowed  to  the  prevailing  party  as  an  indemnity,  in 
case  he  has  appeared  by  attorney,  the  following  sums  as  costs: 


*  As  amended  by  Chap.  660,  Laws  of  1910. 


109 


1.  Judgement  for  defendant,  to  each  defendant  who  has  answered  sep¬ 
arately  and  appeared  by  a  separate  attorney,  five  dollars. 

2.  Judgment  for  plaintiff,  otherwise  than  on  default,  a  sum  equal  to 
five  per  centum  of  the  recovery,  but  not  less  than  five  dollars. 

3.  Judgment  for  the  plaintiff  on  default,  for  a  sum  exceeding  fifty 
dollars,  exclusive  of  costs,  to  the  plaintiff,  five  dollars. 

4.  Judgment  for  the  plaintiff  on  default,  for  a  sum  not  exceeding  fifty 
dollars,  exclusive  of  costs,  to  the  plaintiff,  three  dollars. 

5.  In  an  action  to  foreclose  a  mechanic’s  lien,  whether  there  be  an 
appearance  by  the  defendant  or  not,  a  sum  not  exceeding  twenty  dollars, 
to  be  fixed  by  the  court  and  added  to  the  judgment.  Section  thirty  hun¬ 
dred  and  seventy-six  of  the  code  of  civil  procedure  shall  have  no  applica¬ 
tion  to  this  court. 

§  290.  Opening  judgments  on  default;  stay  of  proceedings.  Said 
court  shall  have  power  upon  two  days  notice  or  order  to  show  cause 
returnable  not  less  than  two  .  days,  upon  such  security  being  given  and 
on  such  terms  as  it  shall  deem  just  and  upon  the  payment  of  the  costs 
entered  in  the  judgment,  and  a  sum  not  to  exceed  five  dollars  additional, 
to  open  a  judgment  taken  against  either  party  on  default;  and  shall 
have  power  to  stay  all  proceedings  pending  the  motion  or  order.  This 
motion  may  be  made  within  twenty  days  after  entry  of  judgment, 
whether  a  transcript  has  been  filed  in  the  Fulton  county  clerk’s  office 
or  not,  and  the  court  shall  have  power  to  stay  proceedings  on  any  exe¬ 
cution  issued  on  said  judgment,  and  to  direct  the  judgment  to  be  can¬ 
celled  on  the  books  of  the  county  clerk.  Said  motions  shall  be  made 
upon  affidavits  and  the  proceedings  thereon  shall  be  conducted  in  the 
manner  that  proceedings  upon  like  motions  in  the  supreme  court  are 
conducted,  except  as  herein  otherwise  provided. 

§  291.  Transcript  of  judgment  to  be  furnished.  The  recorder  shall, 
on  demand  of  a  party  in  whose  favor  judgment  shall  have  been  rendered, 
give  a  transcript  thereof,  under  his  hand  and  seal  of  the  city  court,  which 
may  be  filed  and  judgment  docketed  thereon  in  the  office  of  the  clerk 
of  Fulton  county,  with  like  effect  as  a  transcript  of  the  docket  of  a  justice 
of  the  peace. 

§  292.  Punishments  for  contempts.  The  recorder  or  acting  recorder 
holding  city  court,  while  in  session,  shall  have  the  same  powers  to  pre¬ 
serve  order,  and  to  punish  for  contempts  committed  in  his  presence,  as  are 
vested  in  judges  of  courts  of  record. 

§  293.  Cash  books;  monthly  statement;  payment  of  moneys.  The  re¬ 
corder  shall  keep  a  cash  book  of  the  city  court  in  which  shall  be  entered 
in  detail,  with  dates,  all  moneys  received  and  paid  out,  which  book,  dur¬ 
ing  seasonable  business  hours,  shall  be  open  to  public  inspection.  On  or 
before  the  last  day  of  each  month,  the  said  recorder  shall  make  out  and 
verify,  and  deliver  to  the  chamberlain,  a  detailed  statement  of  all  costs 


110 


and  fees  received  and  earned  by  sai<j.  court,  and  pay  over  all  moneys 
received  by  him  as  judge  of  such  court  to  the  chamberlain;  and  said 
chamberlain  shall  not  pay  the  salary  of  said  recorder  until  such  state¬ 
ments  are  filed  with,  and  such  moneys  paid  over,  to  him. 

§  294.  Annual  report  of  recorder.  Said  recorder  shall,  on  the  thirty- 
first  of  December,  of  each  year,  make  a  report,  in  writing,  to  the  mayor 
of  the  costs  and  fees  received  by  him  during  the  year,  and  the  mayor 
shall  transmit  the  same  to  the  common  council. 

§  295.  Docket;  receipt  of  moneys;  fees  and  costs  to  be  paid  in  advance. 
The  recorder  shall  cause  to  be  kept,  in  a  docket  of  said  court,  a  complete 
and  accurate  record  of  all  process  issued  and  returned  to  said  court,  of 
all  proceedings  in  any  action  or  proceedings  brought  therein,  and  of  all 
moneys  paid  into  said  court  or  received  by  him  as  judge  of  such  court.  He 
shall  receive  all  moneys  payable  into  said  court,  including  fees  and  costs, 
which  must  be  paid  in  advance. 

§  296.  Certifying  and  filing  documents;  copies  of,  evidence.  The  re¬ 
corder  shall  affix  the  seal  of  said  court  to  all  proper  documents,  shall 
file  all  papers  delivered  for  that  purpose,  and  make  and  certify  for  any 
person  prepaying  the  fees  therefor,  at  the  same  rate  allowed  to  county 
clerks,  copies  of  any  portion  of  the  docket  of  said  court  or  of  any  of  the 
records  or  proceedings  thereof,  or  any  document  on  file  therein.  Any 
such  copy  so  certified  under  the  seal  of  said  court,  shall  be  admitted 
as  evidence  in  all  courts  of  this  State,  with  the  same  force  and  effect 
as  copies  of  the  records  and  proceedings  of  any  court  of  record  when 
properly  certified. 


ARTICLE  XIV. 


CITY  ATTORNEY;  ACTIONS  BY  AND  AGAINST  CITY. 


Section  300. 

301. 

302. 

303. 

304. 


General  powers  and  duties  of  city  attorney. 

Actions  in  behalf  of  city. 

Limitations  of  actions  against  the  city  for  negligence. 

No  disqualification  as  judge  or  juror  because  of  residence  in 
city. 

Civil  action  to  recover  penalties. 


*  §  300.  General  powers  and  duties  of  city  attorney.  The  city  attorney 
shall  be  the  legal  adviser  of  the  common  council,  mayor  and  other  city 
boards  and  officers.  He  shall  prosecute  all  civil  actions  and  proceedings  by, 
and  defend  all  civil  actions  and  proceedings  against  the  city,  and  every 


As  amended  by  Chap.  326,  Laws  of  1916. 


Ill 


board  or  officer  thereof  in  their  official  capacity,  and  perform  all  other 
legal  services  in  behalf  of  the  city  relating  to  its  affairs.  No  action  or 
proceeding  shall  be  commenced  by  the  city  attorney  unless  directed  by 
the  mayor,  common  council,  or  one  of  the  boards  of  said  city.  If  in 
any  action  or  proceeding  the  interests  of  any  city  board  or  officer  are 
in  conflict  with  the  interests  of  the  city,  the  city  attorney  cannot  be  re¬ 
quired  to  act  in  behalf  of  such  board  or  officer.  The  costs  in  actions 
and  proceedings  in  which  the  city  shall  prevail,  and  which  shall  be  col¬ 
lected  from  the  adverse  party,  together  with  all  moneys  collected  or 
received  by  him  as  such  attorney  other  than  his  salary,  shall  belong  to 
the  city,  and  shall  be  paid  by  him  to  the  city  chamberlain  within  five  days 
after  the  receipt  thereof  to  be  deposited  to  the  credit  of  the  contingent 
fund  of  the  city.  The  city  attorney  may,  when  authorized  by  the  common 
council,  employ  additional  counsel  at  such  compensation  as  may  be  agreed 
upon  by  the  common  council,  to  assist  in  the  argument  and  conduct  of 
important  cases  or  proceedings  in  which  the  city  is  interested,  or  is  a 
party. 

§  301.  Actions  in  behalf  of  city.  The  common  council  may  pros¬ 
ecute  in  the  name  of  the  city  upon  any  contract  or  liability  in  which  the 
city  may  be  interested,  and  may  sue  for  all  fines,  penalties,  costs  and 
expenses  imposed  by  this  act  or  by  any  ordinance  of  the  city. 

§  302.  Limitations  of  actions  against  the  city  for  negligence.  All 
claims  against  the  city  for  injuries  on  account  of  alleged  negligence  shall 
be  presented  to  the  common  council  in  writing  within  three  months 
after  said  injury  is  received,  describing  the  time,  place,  cause  and  ex¬ 
tent  of  the  injury  and  giving  the  names  of  all  persons  present  at  the 
time  so  far  as  the  same  are  known,  and  also  the  nature  and  extent  of 
the  injury,  verified  by  the  oath  of  the  claimant,  if  possible.  An  omission 
to  present  such  claim  within  three  months,  as  above  provided,  shall 
be  a  bar  to  an  action  thereon  against  the  city.  No  action  shall  be  com¬ 
menced  against  said  city  on  such  claim  within  two  months  from  the  pres¬ 
entation  thereof,  and  no  such  action  shall  be  commenced  after  the  expi¬ 
ration  of  one  year  from  such  injury. 

§  303.  No  disqualification  as  judge  or  juror  because  of  residence 
in  city.  No  person  shall  be  disqualified  from  acting  as  judge,  juror  or 
justice  by  reason  of  being  an  inhabitant,  or  freeholder,  in  the  city  of 
Johnstown  in  any  action  or  proceeding  in  which  the  city  is  a  party  or 
interested. 

*  §  304.  Civil  action  to  recover  penalties.  A  civil  action  to  recover 
a  penalty  or  forfeiture  incurred  under  this  act  shall  be  brought  in  the 
corporate  name  of  said  city,  and  in  any  action  brought  in  the  city  court, 
it  shall  be  lawful  to  complain  generally  for  the  amount  of  such  penalty  or 


As  amended  by  Chap.  326,  Laws  of  1916. 


112 


forfeiture,  stating  the  section  of  this  act  or  of  the  ordinances  under  which 
the  penalty  is  claimed,  and  to  give  the  special  matter  in  evidence;  and  the 
defendant  may  answer  by  simply  denying  the  truth  of  the  complaint,  and 
give  the  special  matter  in  evidence.  If  such  action  be  brought  in  the 
city  court  against  an  alleged  owner  of  real  property,  the  fact  that  the 
title  to  real  property  comes  in  question  on  the  pleadings,  or  appears  on 
the  trial,  shall  not  deprive  the  court  of  jurisdiction,  but  may  be  litigated 
and  determined  by  the  recorder  as  the  right  of  the  case  may  appear;  but 
such  judgment  shall  not  be  evidence  concerning  the  title  of  real  property 
in  any  other  action  or  proceeding.  The  first  process  in  any  such  action 
brought  in  the  city  court  shall  be  by  summons,  which  may  be  made  return¬ 
able  forthwith,  and  an  execution  may  be  issued  immediately  on  the  rendition 
of  judgment.  All  penalties  and  forfeitures  shall  be  forthwith,  upon  col¬ 
lection,  paid  to  the  city  chamberlain,  to  the  credit  of  the  contingent 
fund,  the  recorder,  before  whom  any  judgment  shall  be  rendered  in  favor 
of  or  against  the  city  of  Johnstown,  in  any  action  brought  for  the  recovery 
of  any  penalty  or  forfeiture,  or  in  any  other  action  to  which  the  city  of 
Johnstown  shall  be  a  party,  shall,  within  ten  days  thereafter,  file  with  the 
city  clerk  a  transcript  of  such  judgment,  for  which  he  shall  be  entitled 
to  charge  the  sum  of  twenty- five  cents,  and  include  the  same  in  the  costs 
of  such  judgment;  and,  in  case  any  such  recorder  shall  omit  to  file  such 
transcript,  or  to  do  any  of  the  acts  above  described,  he  shall  forfeit  the 
sum  of  twenty-five  dollars  for  each  and  every  of  such  omissions,  to  be 
recovered  in  an  action  by  the  city  against  such  recorder.  Whenever  a 
judgment  in  favor  of  the  city  shall  be  recovered  for  twenty-five  dollars 
or  upwards,  exclusive  of  costs,  a  transcript  thereof  may  be  filed  in  the 
office  of  the  clerk  of  Fulton  county,  and  thereupon  the  same  shall  become 
a  lien  upon  the  property  of  the  defendant  in  such  judgment  to  the  same 
extent,  and  may  be  collected  and  enforced  in  the  same  manner  as  other 
judgments  recovered  before  justices  of  the  peace,  and  transcripts  filed  in 
pursuance  of  the  statutes  of  the  state. 


ARTICLE  XV. 

MISCELLANEOUS  PROVISIONS. 


Section  310. 

311. 

312. 

313. 

314. 

315. 


City  regarded  as  town. 

Liability  for  village  and  school  district  indebtedness. 
Criminal  expenses  chargeable  to  county  of  Fulton. 
Judgments  against  city  not  enforceable  until  after  annual 
tax  levy. 

Expenses  of  amending  charter. 

Charter,  ordinances,  etc.,  may  be  read  in  evidence. 


113 


316.  Continuance  of  ordinances,  resolutions,  by-laws  and  regula¬ 

tions. 

317.  Offices  continued  or  abolished. 

318.  Repeal;  saving  clause. 

§  310.  City  regarded  as  town.  The  city  of  Johnstown  shall  be  re¬ 
garded  as  a  town  in  the  county  of  Fulton  for  every  purpose  not  incon¬ 
sistent  with  the  provisions  of  this  act. 

§  311.  Liability  for  village  and  school  district  indebtedness.  The 
city  of  Johnstown  shall  continue  to  be  liable  for  the  bonded  and  other 
indebtedness  of  the  village  of  Johnstown.  The  union  free  school  district 
of  the  city  of  Johnstown  shall  continue  to  be  liable  for  the  bonded  and 
other  indebtedness  of  union  free  school  district  number  four  of  the  town 
of  Johnstown  and  common  school  district  number  five  of  the  town  of 
Johnstown,  and  shall  pay  and  discharge  the  principal  and  interest  thereof 
as  the  same  shall  respectively  fall  due. 

§  312.  Criminal  expenses  chargeable  to  county  of  Fulton.  The  ex¬ 
penses  of  apprehending,  examining,  trying,  and  committing  offenders 
against  any  law  of  the  State  in  said  city,  and  of  their  confinement  which 
are  properly  chargeable  against  the  county  of  Fulton,  shall  be  audited 
and  allowed  by  the  board  of  supervisors  of  said  county  and  paid  in  the 
same  manner  as  if  such  expenses  had  been  incurred  in  and  by  any  of 
the  towns  of  said  county. 

§  313.  Judgments  against  city  not  enforceable  until  after  annual 
tax  levy.  No  judgment  recovered  against  said  city  shall  be  enforced 
by  execution  until  after  an  annual  tax  levy  has  been  levied  and  collected 
in  said  city,  which  said  tax  was  levied  subsequent  to  the  docketing  of 
said  judgment  in  the  clerk’s  office  of  the  county  of  Fulton. 

314.  Expenses  of  amending  charter.  The  common  council  is  hereby 
authorized  and  directed  to  audit  and  pay  such  sum  or  sums  as  shall  be 
necessary  to  pay  the  expenses  incurred  in  preparing  this  charter  or 
amendments  to  this  charter  for  presentation  to  the  legislature. 

§  315.  Charter,  ordinances,  etc.,  may  be  read  in  evidence.  The  charter 
of  the  city  of  Johnstown  may  be  read  in  evidence  from  a  volume  con¬ 
taining  such  charter,  printed  by  authority  of  the  common  council,  or 
from  a  copy  certified  by  the  city  clerk,  or  from  the  session  lawrs  of 
the  State  of  New  York  containing  the  same.  Every  by-law,  ordinance, 
rule,  regulation,  resolution,  or  proceeding  of  the  common  council,  board 
of  education,  board  of  water  commissioners,  and  board  of  health  of  the 
city  may  be  read  and  received  in  evidence  either  from  a  copy  of  the 
record  thereof,  certified  by  the  presiding  officer  and  clerk  of  the  com¬ 
mon  council  or  board  enacting  it,  or  from  any  printed  volume  contain¬ 
ing  the  same,  certified  by  the  mayor  and  city  clerk  that  such  volume 


114 


contains  a  correct  transcript  thereof  and  was  printed  by  authority  of 
the  common  council. 

§  316.  Continuance  of  ordinances,  resolutions,  by-laws  and  regulations. 

All  ordinances,  resolutions,  by-laws  and  regulations  heretofore  adopted 
by  the  common  council,  the  board  of  water  commissioners,  the  board  of 
education,  or  the  board  of  health,  not  inconsistent  with  the  provisions 
of  this  act,  or  with  law,  and  which  are  in  force  at  the  date  of  the  passage 
hereof,  shall  continue  in  force  and  effect  until  amended  or  repealed. 

*  §  316-a.  Construction.  Wherever  in  this  act  the  word  “resolution”  or 
the  word  “resolutions”  occurs,  in  connection  with  provision  or  provisions 
for  legislative  action  by  the  common  council,  such  words  shall  be  con¬ 
strued  as  if  they  were  “ordinance”  or  “ordinances.” 

§  317.  Offices  continued  or  abolished.  All  the  officers  of  the  city  of 
Johnstown  now  in  office,  whether  elective  or  appointive,  except  as  other¬ 
wise  provided  in  this  act,  shall  continue  in  office  and  discharge  duties 
thereof  until  the  end  of  the  terms  for  which  they  were  elected  or  ap¬ 
pointed,  and  until  their  successors  are  elected  or  appointed  and  qualify 
as  provided  in  this  act.  On  and  after  the  fifteenth  day  of  January, 
nineteen  hundred  and  six,  the  office  of  superintendent  of  streets  and 
water  works  shall  be  abolished,  and  the  powers  and  duties  theretofore 
exercised  and  performed  by  the  superintendent  of  streets  and  water 
works  shall  thereafter  be  exercised  and  performed  as  hereinbefore  pro¬ 
vided  by  two  appointive  officers  known  respectively  as  the  superintend¬ 
ent  of  streets  and  the  superintendent  of  water  works.  On  and  after 
January  first,  nineteen  hundred  and  six,  the  offices  of  justice  of  the 
peace  and  constable  shall  be  abolished.  All  books,  records  and  papers 
pertaining  to  the  office  of  justice  of  the  peace  shall,  on  or  before  such  day, 
be  turned  over  to  the  recorder  as  judge  of  the  city  court,  and  shall 
thereupon  become  a  part  of  the  records  of  the  city  court.  All  actions 
and  proceedings  pending  before  either  of  the  justices  of  the  peace  upon 
such  day  shall  be  deemed  transferred  to  the  city  court  and  shall  be  pros¬ 
ecuted  therein  to  a  final  determination  in  the  same  manner  and  with  the 
same  force  and  effect  as  though  such  actions  and  proceedings  had  been 
originally  commenced  therein.  All  processes  and  notices  in  the  hands 
of  the  constables  of  the  city,  or  of  any  other  person,  pertaining  to  any 
action  or  proceeding  pending  before  either  of  such  justices  on  such  day 
may  be  executed  or  served  notwithstanding  the  passage  of  this  act, 
but  shall  be  made  returnable  to  the  city  court. 

§  318.  Repeal;  saving  clause.  Chapter  five  hundred  and  sixty-eight 
of  the  laws  of  eighteen  hundred  and  ninety-five,  and  all  acts  or  parts  of 
acts  amendatory  thereof  and  supplemental  thereto,  and  all  acts  and 
parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby  re- 


*  As  amended  by  Chap.  326,  Laws  of  1916. 


115 


pealed.  Such  repeal  shall  not  revive  any  act  or  part  thereof  heretofore 
repealed,  nor  affect  any  act  done,  right  vested  or  established,  or  any  suit  or 
proceeding  commenced  previous  to  the  time  when  this  act  takes  effect. 
Nothing  herein  contained  shall  be  construed  so  as  to  destroy,  impair  or 
take  away  any  right  or  remedy  acquired  by  or  under  any  act  hereby 
repealed. 


■ 


INDEX 


References  are  to  Sections. 

A 

Account —  Section 

Of  chamberlain,  examination  of .  63 

Of  fees  and  monies  received  by  city  clerk. .  42  sub.  6 

Acknowledgments — 

City  officials  authorized  to  take .  27 

Acting  mayor — 

Alderman-at-large  shall  be .  11 

Powers  and  obligations  of . 41 

Acting  recorder — (See  also  recorder) 

Appointment  of .  11,  261 

A  city  officer . 10 

Civil  action  before .  261 

Jurisdiction  of .  261 

Reports  by .  261 

Salary  of  . 261 

Actions — 

To  annul  or  suspend  licenses .  267 

In  behalf  of  city .  301 

Civil,  to  recover  penalties,  taxes,  assessments,  etc .  304,  283 

Civil,  before  acting  recorder .  261 

In  city  court,  jurisdiction . 282 

To  cancel,  set  aside  or  annul  assessment .  138,  136  sub.  g. 

Exclusive  jurisdiction  of  recorder .  266,  ^83 

For  fines,  taxes,  etc.,  body  execution  may  issue .  266 

For  local  assessments  and  improvements . .  112 

For  negligence,  limitation  of . 302 

For  penalties,  forfeitures,  taxes,  assessments  or  water  rates 

. .  266,  283,  304 

For  unpaid  taxes,  etc.,  judgments  and  enforcement .  Ill,  266 

For  unpaid  taxes  by  chamberlain .  Ill 

Under  ordinances,  evidence . 266 


118 


Additional —  Section 

Assessment  for  local  improvement .  146 

Compensation  to  certain  officers .  21A. 

Duties  of  appointive  officers,  and  exceptions .  29 

Water  supply,  procuring .  185 

Water  supply,  loan  for .  186 

Water  supply,  additional  indebtedness  for,  vote .  187 

Adjournments  in  city  court . 285 

Advertisements  and  hand  bills,  regulate,  prohibit,  etc .  49  sub.  9 

Advertisement  and  sale  of  real  estate  for  taxes .  106 

Affidavits,  oaths  and  acknowledgments — 

City  officers  who  may  administer .  27 

Agricultural  lands,  taxation  of .  98 

Altering  streets .  104 

Alderman — 

At-large .  10,  11,  12,  43,  45 

Compelling  attendance  at  meetings .  48 

Duties  of .  43 

Election  of,  by  wards . > .  10,  11 

Eligibility  .  14 

Fence  viewers .  43 

Not  to  be  interested  in  contracts  or  purchases .  25 

Liabilities  of  .  77 

Number  of  .  10 

Official  oath .  19 

Terms  of  office .  12 

Vacancy  in  office .  14,  23 

Amending  charter,  expenses  of .  314 

Animals,  restraint  of .  49  sub.  4 

Annual — 

Estimate  by  mayor .  66 

Meeting  of  common  council .  44 

Meeting  of  board  of  water  commissioners .  106 

Report  of  board  of  water  commissioners .  171 

Report  by  fire  chief .  203  sub.  4 

Report  of  recorder .  294 

Report  and  estimates  by  officers .  65 

Settlement  of  board  of  water  commissioners  with  chamberlain..  184 
Tax  levy,  determination  of .  66 


119 


Annulment —  Section 

Of  licenses .  267,  283 

Of  special  assessment .  143 

Apparatus,  fire,  purchase  of .  201  sub.  3 

Appeal — 

From  assessment,  local  improvement .  134 

From  city  court .  285 

From  local  assessment,  proceedings  after .  135 

Appearances  in  city  court .  285 

Application — 

Of  Article  V  to  local  assessments . .  112 

For  distribution  of  surplus  from  tax  sale .  115 

Of  income  from  water  rents .  176 

For  licenses .  55 

Appointive — 

Officers  .  10 

Officers,  additional  duties  of,  and  exceptions .  29 

Officers,  commencement  of  term .  13 

Officers,  suspension  and  removal  of .  24 

Office,  vacancies  in .  23 

A  ppointment — 

Of  acting  recorder . 261 

Of  chief  of  police .  191 

To  city  offices,  certificates  of,  signed,  attested .  17 

Of  commissioners,  street  opening . 142 

Of  commissioners  of  deeds .  li 

To  fill  vacancies,  time  of  making .  n 

Of  firemen  .  202 

For  full  time,  time  of  making.  . .  11 

Notice  to  persons  appointed .  18 

Of  poiicemen  and  special  policemen . 191 

Apportionment — 

Of  water  rents .  173 

Of  State  and  County  charges .  93 


Approval  of  ordinances,  by  mayor 


51 


120 


Assessor — •  Section 

Duties  of .  90 

Duties  of  in  respect  to  unpaid  taxes .  103 

Election  of . .  10,  11 

Official  oath .  19 

Prepare  assessment  roll  for  State  and  County  tax .  92 

Prepare  assessment  roll  for  city  tax .  98 

Re-assess  unpaid  taxes .  104 

Salary  of .  21 

Shall  assess  “Farm  lands”  in  separate  column .  137 

Term  of  office..., . . '. .  .  12 

Assistant — 

Chief  of  police .  195 

Chief  engineers  of  fire  department .  10,  11,  12,  201,  200 

Assessments — (See  also  assessor.) 

Additional,  for  local  improvement .  146 

By  city  engineer .  132,  136  sub.  b. 

For  city  taxes .  98 

For  cleaning  sidewalks  and  gutters .  139 

Collected,  to  be  set  aside  to  pay  bonds .  136  sub.  c. 

Collection  of,  for  improvements  made  by  city .  138 

Commissioners,  proceeding  if  objection  made .  143 

Commissioners,  collection  of  .  145 

By  commissioners,  costs  part  of .  144 

By  commissioners  .  140,  142 

Confirmation  of  commissioners  assessment .  143,  145 

Correction  of  manifest  errors  in,  within  six  months .  113 

District  of,  for  local  improvement .  128 

Of  farm  lands .  137 

General  provisions  relating  to .  91 

Local,  application  of  Article  V.  to .  122 

Local,  collection  of .  135,  145 

Local,  lien  on  lands .  135 

Local,  proceedings  after  appeal  from .  135 

Local  improvement,  payable  wholly  or  ‘  partly  by .  123 

Local  improvement,  additional  installments .  146 

Local  improvement,  unpaid,  collection  of .  136  sub.  f. 

For  local  improvement,  payable  in  installments .  136  sub.  b.,  138 

For  local  improvements,  appeal  from .  134 

Of  omitted  property .  103 

Re-assessment,  filing  of  certified  copy .  105 

Re-assessment,  completion  of  by  assessor .  104 

Re-assessment  of  void .  114 


121 


Assessments — (See  also  Assessors) — Continued  Section. 

Re-assessment,  corrected  roll,  delivery  to  chamberlain .  104 

Return  of  by  commissioners .  142 

Roll  for  local  improvement .  133 

Roll,  city,  preparation  and  examination  of .  98 

Roll,  revision  of .  103 

State  and  county,  preparation  of .  92 

State  and  county,  notice  of  completion,  grievance  days .  92 

For  street  opening  improvement . . .  1 12,  144 

For  State  and  County  tax .  92 

Attendance — 

Of  absent  water  commissioners,  may  be  compelled .  164 

Of  members  of  common  council,  may  be  compelled .  48 

Attorney — (See  city  attorney.) 

Appearances  in  city  court  by .  285 

Authorize — 

Improvements,  common  council  to .  145 

Building  inspections  .  50  sub.  8 

Audit — (See  claims.) 

Awards — 

Payment  of  .  145 

In  street  opening  proceedings .  145 


B 

Ballot  clerks,  compensation  of .  21 

Bank  depository — (See  official.) 

Bastardy  proceedings,  jurisdiction  of  recorder .  264 

Beggars,  restraint  of .  99  sub.  2 

Behavior,  threatening .  269  sub.  8 

Billiard  rooms,  etc.,  licensing .  49  sub.  8-e. 

Board  of  Education — - 

Nine  members  to  be  elected .  10 

(General  Education  Law  supersedes  charter  provisions.) 

Board  of  Health — 

Appointment  of  members .  10,  11 

City  physician  to  be  health  officer .  10.  251 

Meetings  of,  and  place .  250 

Ordinances  of  to  have  preference .  54 


122 


Board  of  Water  Commissioners —  Section 

Annual  meeting  .  160 

Annual  report,  to  be  published,  contract  for .  171 

Annual  settlement  with  chamberlain .  184 

Application  of  income  from  water  works .  176 

Audit  of  claims  against .  182 

Audit  and  payment  of  claims  against .  167,  182 

Bond  of  . . ... .  165 

Books  and  papers  open  to  public  inspection .  172 

Cause  surveys  to  be  made  for  additional  supply,  maps,  etc .  185 

City  clerk  to  be  clerk  of . 42  sub.  1. 

Collection  of  water  rents . 174,  175 

Compelling  attendance  of  members . f  167 

Control  of  property  purchased .  183 

In  control  of  property . . .  183 

Contract  for  labor  or  material .  180 

Contracts  made  by  sealed  proposals .  180 

Constitution  and  organization .  160 

Not  to  create  any  salaried  office .  169 

May  cut  and  sell  trees . . .  183 

Election  of  members .  10,  11 

Extend  water  pipes . 170  sub.  2 

To  fix  number  of  laborers  and  wages .  169 

Fix  salary  of  superintendent .  21 

Hear  charges  against  officers  of  board . .  24 

Issue  of  bonds  by .  186,  187 

Indebtedness  in  excess  of  limit .  187 

Judge  of  election  and  qualification  of  its  own  members .  163 

May  sue  and  collect,  or  shut  off  water .  180 

Meetings,  regular  and  special .  162 

Permit  to  be  obtained  to  connect  with  water  pipes .  181 

Powers  and  duties  of .  169,  170 

Presiding  officer  .  161 

Procuring  additional  supply  of  water .  185,  186,  188 

Purchase  of  material .  180 

Record  of  proceedings  to  be  kept .  170 

Right  to  use  highway  or  street .  178 

Right  to  enter  buildings  to  inspect .  173 

To  require  bond  on  contracts .  180 

Rules  of,  quorum,  voting .  163 

Sale  of  water  outside  city  limits .  179 

Sinking  fund  .  177 

Temporary  president  . 161 

Term  of  office . 12 


123 


Board  of  Water  Commissioners — Continued  Section. 

Vacancies  in  .  23,  166 

Water  rents  .  173 

Body  execution,  upon  judgment  for  tax .  266 

Bonds — 

For  additional  water  supply .  186 

Of  city,  recorded  and  indexed . 42  sub.  3,  74 

Interest,  rate  of . 74 

Issue  of  .  74,  186 

Issue  of  for  pavements .  136 

Numbered  consecutively  .  74 

Official,  to  fixed  by  common  council .  20 

Payment  of  in  equal  annual  installments .  74,  176 

For  payment  of  construction  of  sidewalks  by  installments .  138 

Registration,  record  and  index  of .  42  sub.  3 

Sale  of  by  sealed  proposals .  74,  186 

Vote  to  issue .  73 

Water,  sinking  fund  for  payment .  176,  177 

Bond — * 

Approval  of  water  commissioners .  165 

By  bank  depository  of  city  money .  62 

Of  chamberlain  .  61 

Of  city  officers .  20 

Of  treasurers  of  fire  companies .  212 

Of  treasurer  of  fire  department .  205 

Of  water  commissioners .  165 

Bonded  indebtedness — 

Chamberlain’s  report  of . 65 

Of  city  of  Johnstown,  payment  of .  95 

Books — 

Of  city  court .  293 

May  be  examined  by  mayor .  40  sub.  4 

To  be  furnished  by  city .  64 

Kept  by  chief  of  police .  ‘194 

Officers  to  deliver  to  successor . 26 

Open  to  public  inspection .  53,  172 

And  papers  of  city,  in  custody  of  city  clerk .  42  sub.  2,  53 

Borrowing  money — 

For  current  expenses  of  city .  72 

For  local  improvement .  72 

Temporary  loans  .  72 

For  water  supply .  186 


124 


Boundaries —  Section 

Of  city  .  2 

Of  lands  used  for  water  works .  183 

Of  wards — first,  second,  third  and  fourth .  3 

Bridges,  tax  for  erection  and  maintenance  of .  67  sub.  b. 

Buildings — 

Common  council  may  regulate  to  prevent  fires .  49  sub.  13 

Common  council  may  purchase  grounds  and  erect  public 

buildings,  if  voted  for .  49  sub.  15 

Common  council  may  authorize  inspection .  50  sub.  8 

Parks  and  public  buildings,  may  purchase  and  build .  49  sub.  15 

Abutting,  removal  of  by  owners .  50  sub.  5 

Wooden,  prohibited  in  fire  limits .  213 

Wooden,  may  prevent  erection  of .  50  sub.  13 

Budget — • 

Adopted  on  or  before  February  15 .  66 

Annual,  preparation  of .  66 

Limitation  as  to  amount  of .  67  sub.  f 

Mayor  to  submit  to  council  on  or  before  Feb.  1 .  66 

Reports  to  be  made  by  officers  for .  65 

Business,  noxious,  to  regulate .  49  sub.  7 

By-laws,  continuance  of .  316 

C 

Cabmen,  etc.,  licensing  of .  49  sub.  8-b 

Calling  out  and  command  of  firemen  and  police  by  mayor .  40  sub.  3 

Canvass  of  votes  by  common  council .  16 

Care — 

Protection  and  preservation  of  water  works,  rules  for.  . .  49  subs.  1-4 

Property,  books,  etc.,  of  city,  provide  for .  49  sub.  2 

Cash  books  of  city  court .  293 

Cemetery,  custody  of  old,  on  Green  St .  58 

Cemeteries,  power  to  receive  by  gift .  49  sub.  2 

Certifying  and  filing  documents .  296 


Certified  copy  of  revised  assessment  roll,  filing  of 


105 


125 


Certificate —  Section 

And  deed  to  purchaser,  on  tax  sale .  107,  109 

Of  appointment  to  city  offices .  17 

Charities — (See  commissioner  of  charities.) 

Charter — 

Ordinances,  etc.,  may  be  read  in  evidence .  315 

Expenses  of  amending .  314 

Short  title  .  1 

Chamberlain — 

Actions  for  collection  of  unpaid  taxes .  Ill 

Accounts,  kept  by .  60  subs.  2,  5,  6 

May  take  acknowledgments,  administer  oaths .  27 

Annual  settlement  with  water  commissioners .  184 

Annual  settlements,  made  by .  60  sub.  8 

City  tax,  collection  of .  101,  102 

City  officer  .  10 

Custody  of  all  securities .  60  sub.  9 

Delivery  of  corrected  assessment  rolls  to .  78 

Deliver  list  of  unpaid  taxes  to  assessor .  103 

Deposit  of  city  moneys .  62 

Election  of  .  11 

Examination  of  accounts  of .  63,  184 

Fee  for  conveyance  on  tax  sale .  109 

Monthly  reports  made  by . . .  60  sub.  3 

Office  hours  .  60 

Official  bond  .  61 

Payment  of  library  moneys .  68 

Payment  of  city  moneys  to .  78 

Penalties  paid  to .  304 

• 

Powers  and  duties  of .  60 

Proceedings  of,  collection  of  unpaid  taxes .  97,  106,  112 

Report  to  mayor .  65 

Records  of  non-residents  kept  by .  60  sub.  7 

Sale  of  property  for  taxes .  97,  106,  112 

Salary  of  .  21 

State  and  county  tax,  collection  of .  96,  97 

Term  of  office .  12 

Water  rents,  collection  of .  174 

Water  rent  rolls,  delivery  to .  104 


126 


Chief  engineer  of  fire  department — (See  fire  department.)  Section 

Chief  of  police — 

Appointment  of  . * .  10,  11 

Assistant  . . .  195 

Bond  of  .  20 

Commencement  of  term .  13 

Executive  head  of  police  department,  to  be .  194 

Make  monthly  reports .  194  sub.  4 

Powers  and  duties  of . ...... . 194 

Keep  record  in  property  book .  194 

City- 

Boundaries  .  2 

Corporate  seal  of,  and  custody .  42  sub.  2 

Divided  into  districts .  49  sub.  22 

Documents  of,  custody  of .  42  sub.  2 

Elections  .  15,  73 

Finances,  right  of  mayor  to  recommend .  40  sub.  5 

Judgments  against,  when  enforceable .  313 

Judgment  in  favor  of .  304 

Offices  continued  or  abolished .  317 

Officers,  elective  or  appointive . .  .  ..  10 

Official  minutes  of .  42  sub.  2 

Officers,  manner  of  choosing .  10,  11 

Property,  superintend  repair  and  improvement  of .  122 

Poor,  expenditures  for .  253 

City  Attorney — 

Additional  counsel  employed  by .  300 

Appointment  of  .  11 

Costs  collected  by . 300 

Legal  advisor  for  all  boards  and  officers . . .  300 

Powers  and  duties  of .  300 

Prosecute  and  defend  all  actions .  300 

Salary  of  .  12 

Term  of  office .  12 

City  Clerk — 

Take  acknowledgments,  administer  oaths,  etc .  27 

Appointment  of,  in  joint  session .  11 

Bond  of  . 20 

Certify  ordinances,  etc.,  to  mayor .  51 

Custody  and  control  of  seal,  books,  etc .  42  sub.  2 

Issue  licenses  .  55 


127 


City  Clerk — Continued  Section 

Keep  account  of  fees,  etc .  42  sub.  6 

Keep  the  minutes  of  meetings .  42  sub.  1 

Keep  records  of  warrants  issued .  182 

Oath  of  office .  19 

Powers  and  duties .  42 

Register,  record  and  index  bonds . . .  42  subs.  3,  4 

Record  of  ordinances  and  resolutions .  53 

Salary  of  . 21 

Term  of  office .  12 

City  Engineer — 

Appointment  of  .  11 

All  engineering  work  for  city,  to  do .  121,  140 

Bond  of  .  20 

Inspect  all  work  done  under  plans  prepared  by  him .  121  sub.  5 

Maps  and  records  kept  by .  121  sub.  1 

Powers  and  duties .  121 

Resident  of  city  at  time  of  appointment,  need  not  be .  13 

Salary  of  .  21 

Survey  and  make  assessment  for  local  improvements .  132,  136 

Survey  for  proposed  sewer .  129 

Survey  for  street  extension .  140 

Term  of  office .  12 

City  Physician — 

Appointment  of  .  10,  11 

Attend  city  poor .  251 

Duties  and  powers .  251 

Health  officer,  to  be .  10,  251 

Salary  of  .  21 

Term  of  office . 12 

City  Taxes — 

Assessment  for  . . .  98 

Collection  of  .  102 

Date  of  warrants  for .  102 

Pees  on  .  101 

Levying  of  . 99 

Notices  for  .  101 

Payment  of  .  101 

Unpaid  taxes  .  103 

Warrant  for  collection  of .  100 


128 


City  Court — (See  also  recorder — action.)  Section. 

Actions  for  penalties,  water  rents,  etc .  283,  304 

Appearances  in  .  285 

Cash  books  of . ■ .  293 

Certificates  under  seal  of .  296 

Civil  action  before  acting  recorder .  261 

Contempts,  punishments  for .  292 

Costs  on  forclosure  of  mechanics  liens .  289  sub.  5 

Costs  to  defendent .  289  sub.  1 

Costs  to  plaintiff .  289  subs.  2,  3,  4 

Costs  and  fees  in .  289 

Defaults  and  stays .  290 

Docket  of  .  295 

Established  .  280 

Fees  and  costs,  to  be  paid  in  advance .  295 

Juries  in  .  286 

Jury  lists,  how  prepared .  28,  288 

Pay  of  jurors .  287 

Powers  and  jurisdiction  of,  amount,  etc .  282 

Practice,  pleadings,  appearances,  adjournments .  285 

Process,  service,  execution,  and  enforcement .  284 

Seal  of  .  281 

Transcripts  of  judgments .  291 

Term  of  office .  12 

Cleaning  sidewalks  and  gutters .  50  sub.  10.  139 

Clerk— (See  City  Clerk.) 

City,  to  be  clerk  of  common  council,  water  board,  board  of 

health,  etc .  42 

Claims — (See  also  Negligence.) 

Audit  of  by  common  council .  75 

Audit  and  payment  of  by  board  of  water  commissioners .  182 

Payment  of  .  75 

Referred  to  auditing  committee . t .  75 

Unauthorized,  penalty  for  and  a  misdemeanor .  76,  77 

Verified,  to  be .  75 

Collection  of  taxes .  94,  97,  100,  102,  106,  111,  135,  136,  138,  145,  174 

Collection  of  water  rents .  174 

Compensation — (See  Salaries.) 


Council — (See  Common  Council.) 


129 


Common  Council —  Section 

Action  on  ordinances .  51 

Additional  assessment  for  local  improvements .  146 

Adoption  of  annual  budget .  66 

Adopt  school  ordinances .  239 

Appointment  of  fire  wardens .  206 

Annual  meeting  .  44 

Audit  of  claims  by .  75 

Ayes  and  noes  to  be  called  and  recorded . .  47 

Change  from  volunteer  to  paid  fire  department .  204 

Compelling  repairs  of  streets  by  corporations .  56 

Compelling  attendance  of  members .  48 

Constitution  and  organization . .  44 

Consent  or  petition  of  property  owners .  126 

Custody  of  old  cemetery  grounds .  58 

Declaration  of  intent  to  make  local  improvement .  125 

Designation  of  official  newspapers .  57 

Determining  amount  of  annual  tax  levy .  66 

Divide  city  into  districts .  49  sub.  22 

Direct  surveys  and  assessments  to  be  made .  136 

Establish  and  maintain  efficient  fire  department .  201 

Fix  salaries  .  21 

Fixing  fees  for  licenses .  55 

Give  notice  of  proposed  improvement .  130 

Hear  objections  to  proposed  improvement .  131 

Hear  and  determine  appeal  from  assessment .  134 

Hear  charges  against  officers .  24 

Hear  charges  against  firemen .  208 

Highway  commissioners,  to  be .  120 

Improve  streets,  etc.,  at  expense  of  owners .  50 

Issue  bonds  for  local  improvement .  136 

May  include  curbs  and  gutters  in  local  improvement.  .  r .  127 

Legislative  powers  . .  49 

Make  district  of  assessment .  128 

Make  necessary  ordinances .  49  sub.  24 

Meetings  shall  be  public .  46 

Minutes  kept  by .  42  sub.  1 

Order  special  city  elections .  73 

Opening,  altering,  and  extending  streets .  140 

When  ordinances  and  resolutions  take  effect .  52 

Presiding  officer,  mayor . . . .  .• .  45 

Provide  lock-ups,  etc .  49  sub.  14 

Powers  in  respect  to  streets  and  nuisances .  50 

Provide  offices  and  supplies .  49  sub.  23,  64  sub.  6 


130 


Common  Council — Continued  Section 

Prevent  construction  over  streets  or  dangerous  in  regard  to 

fires  . .  50  subs.  13,  14 

Purchase  all  necessary  apparatus  for  fire  department,  erect 

buildings,  etc .  201 

Regulate  laying  of  gas  and  other  pipes .  50  sub.  11 

Require  streets  to  be  repaired,  etc .  50  sub.  12 

Regulate  use  of  streets .  49  sub.  3 

Remit  assessments  for  farm  lands .  137 

Record  of  ordinances .  52 

Restrain  and  prevent  animals  running  at  large .  49  sub.  5 

Rules,  quorum,  voting .  47 

Regular  meetings  of .  46 

Special  meetings  and  how  called .  46 

Temporary  loans  .  72 

Submit  propositions  at  annual  or  special  elections .  73 

No  vote  to  be  taken  in  executive  session .  46 

(See  also  local  Improvement,  local  assessment,  etc.) 

Commissioner  of  Charities — (See  Charities.) 

Appointed  by  mayor .  11 

Bond  of  . 20 

Monthly  reports  of .  254 

Official  oath  .  19 

Physician,  not  to  employ,  exceptions .  252 

Powers  and  duties  of .  252 

Salary  of  . .  21 

Term  of  office .  12 

Keep  an  office  in  place  approved  by  council .  252 

Commissioner  of  deeds — 

Administer  oaths,  take  affidavits  and  acknowledgments .  27 

Appointment  of  . .  10,  11 

City  office,  other,  may  hold .  14 

Fees  of  .  22 

Number  limited  .  10 

Oath  of  office .  19 

Term  of  office .  12 

Commissioners,  Water  (See  Board  of  Water  Commissioners.) 

Highway,  common  council  to  be .  120 

Street  opening,  proceedings  for  appointment .  142 

Street  opening,  compensation  of .  144 

On  appeal  from  local  assessment .  134 

(See  also  Streets.) 


131 


Compensation —  Section 

Additional  to  certain  officers .  21-a 

No  additional  to  be  given .  22 

Of  city  officers .  21 

Of  city  officers,  fixed  by .  49  sub.  21 

Of  commissioners,  street  opening .  144 

Of  members  of  police  department . . .  193 

Commencement  of  terms  of  office . . .  13 

Companies,  fire,  organization . .  201  sub.  5 

Confirmation — 

Of  assessments  .  145 

Of  special  assessments . 142 

Contempt  of  court .  292 

Construction — 

Bonds  issued  for  payment  of .  138 

Ordinance  for  . . . . ...................... .  138 

Repair,  etc.,  of  streets,  payable  from  street  fund .  64  sub.  1 

Of  sewers,  payable  from  sewer  fund .  64  sub.  2 

Of  sidewalks,  etc .  138 

Of  word  “resolution”  or  ‘ordinance” .  316-a 

Contingent — • 

Expenses,  tax  for .  67  sub.  f 

Fund  .  67  sub.  1 

Payments  from  and  to .  70 

Contracts — 

By  board  of  water  commissioners .  187 

Contracts  for  local  improvement,  letting  of .  136  sub.  a 

Officers  not  to  be  interested  in .  25 

Unauthorized  . .  76,  77 

Contagious  disease,  refusal  to  report .  269  sub.  5 

Consent  of  property  owners,  for  local  improvement,  when .  125 

Control — 

Of  officers  and  property  of  fire  department .  203  sub.  1,  211 

Of  property  used  for  water  works .  183 

Conduct — 

Indecent  .  269  sub.  4 

Riotous  .  269  sub.  2 


132 


Section 

Convey  property,  power  to .  4  sub.  1 

Conveyance  on  tax  sale,  fee  for .  109 

Condemnation,  right  to .  4  sub.  3 

For  sewer  construction  .  129 

For  water  works  .  185 

Copy  records,  certified,  fees  for . .  42  sub.  5 

Copies  of  documents,  certified,  may  be  read  as  evidence .  296 

Corporate — 

Name  and  powers .  4 

Seal  .  42  sub.  2,  4  sub.  5 

Costs — (See  city  court.) 

As  part  of  assessment .  144 

Collected  by  city  attorney .  300 

Cost  of  sewer  construction,  payable  wholly  or  partly  by  local 

assessment  .  124 

County  and  State  tax — (See  assessment.) 

County  and  state  charges,  apportioned .  93 

Courts  of  special  sessions .  265 

Court,  city — (See  city  court.) 

Criminal — 

Expenses  chargeable  to  county  of  Fulton .  312 

Jurisdiction  of  recorder  and  acting  recorder .  264 

Culverts  .  138 

Curbs  and  gutters,  part  of  certain  improvements .  127,  138 

Current  expenses,  temporary  loans  for .  72 

Custody — 

Of  books  and  documents  of  city .  42  sub.  2 

Of  old  cemetery  grounds  .  57 

D 

Dangerous  property,  removal  of .  50  sub.  6 

Date  of  city  tax  warrants .  102 

Debts,  city,  unauthorized,  recovery  of . 

Deeds,  commissioners  of — (See  commissioners  of  deeds.) 


77 


133 


Section 

Deed  and  certificate  to  purchaser  on  tax  sale .  109 

Default — 

Costs  of  judgments,  on .  289 

Opening  judgment  on,  city  court . 290 

Defend,  power  to .  4 

Definitions — 

Ordinance  .  6 

Person  .  6 

Repairing  of  streets .  123 

Resolution  .  316-a 

Streets,  highways,  avenues,  alleys  and  lanes .  6 

Deficiency  in  water  rents .  176 

Delivery — 

Of  corrected  assessment  rolls  to  chamberlain .  104 

List  of  unpaid  taxes  to  assessor .  103 

Property  by  officer  to  successor .  26 


Department,  Fire — (See  fire  department.) 
Department,  Police — (See  police  department.) 


Deposit  of  city  moneys .  62 

Designation  of  funds .  67 

Destroying  property  .  269  sub.  9 

Determination  of,  annual  tax  levy .  66 

Districts — 

Divisions  of  city  into .  49  sub.  22 

Of  assessment  for  local  improvement . 128 

Disease,  contagious,  refusal  to  report .  269  sub.  5 

Disapproval  of  ordinances  and  resolutions  by  mayor .  51 

Disorderly — 

Persons,  who  are,  and  vagrants .  269 

*  Persons,  jurisdiction  of  recorder .  264 

Conduct  .  267 

Docket — 

Of  city  court .  295 

Criminal  .  263 

Drainage  of  lots .  50  sub.  1 


134 


Section 

Driving,  immoderate  .  269  sub.  6 

Duties — 

Of  additional  appointive  officers .  29 

Of  assessor  .  90 

Of  city  attorney .  300 

Of  city  clerk .  42 

Of  city  officers .  49  sub.  21 

Of  chamberlain  .  60 

Of  city  engineer .  121 

Of  chief  of  police .  194 

Of  firemen  .  209 

Of  fire  wardens .  206 

Of  mayor  .  40 

Of  members  of  police  department .  194 

Of  superintendent  of  streets .  122 

Of  superintendent  of  water  works .  167 

Of  secretary  and  treasurer  of  fire  department... .  205 

Of  treasurers  of  fire  companies .  212 


E 


Education — (See  General  Education  Law.) 

Elective  officers — 

List  of  .  10 

Vacancies  in  .  23,  166 

Elections — 

City  .  14 

City,  submission  of  special  propositions  at.... .  73 

City,  holding  special .  73 

Common  council  to  canvass  votes .  16 

General  election  law  to  govern,  except  as  provided  in  this  act.  ...  15 


Eligibility  to  hold  city  offices .  14 

Employment  of  laborers  for  city .  122 


Engineer,  City — (See  city  engineer.) 

Engineers  of  Fire  Department — (See  fire  department.) 


Erection — 

Of  poles  and  signs  regulated . . .  49  sub.  3 

Of  wooden  buildings,  prevention  of .  50,  sub.  15 


135 


Section 

Errors  in  assessment,  correction  of  within  six  months .  113 

Escapes,  fire,  ordered .  50  sub.  7 

Estimate — 

Annual,  by  mayor .  66 

Annual,  and  report  by  officers . 65 

Evidence — 

In  actions  under  ordinances .  266 

Certified  copies  from  city  court  to  be  read  in .  296 

Charter,  ordinances,  etc.,  may  be  read  in .  315 

Records  as  .  53,  172 

Examination — ■ 

Of  accounts  of  chamberlain .  63 

Of  books  and  papers  by  mayor .  40  sub.  4 

Of  city  assessment  rolls .  98 

Of  State  and  County  assessment  rolls .  92 

Exemption  of  firemen  from  jury  duty  and  taxes .  210 

Execution— (See  city  court.) 

Expenses — 

Of  amending  charter .  314 

For  care  of  public  property,  payment  of .  122 

Contingent,  tax  for . . .  67  sub.  f 

Of  constructing  sewer .  129 

Criminal,  chargeable  to  county .  312 

Current,  temporary  loans  for .  72 

For  local  improvements,  by  whom  assessed .  132 

Of  street  improvements,  paid  by  railways .  123 

Traveling,  for  police .  193 

For  water  supply  pipes .  181 

Expiration  of  terms  of  office . 13 

Explosives,  handling,  licensed . . . . .  49  sub.  8-f 

Extending  streets  .  140 

F 

Failure  of  title  on  tax  sale,  reimbursement . . .  110 

False  fire  alarms .  269  sub.  3 


136 


“Farm  Lands” —  Section 

Assessed  for  lighting  purposes .  98 

Special  provisions  for  assessing .  137 

Taxation  of  .  98 

Fence  viewers,  aldermen  to  be .  43 

Fences — • 

To  prevent  injury  to .  49  sub.  20 

Removal  of  from  within  streets .  50 

Fees — • 

And  perquisites  of  city  officers .  22 

Account  of,  to  be  kept .  42  sub.  6 

Added  to  unpaid  taxes .  96,  99,  101 

Of  commissioners,  local  improvement .  134 

For  conveyance  on  tax  sale.... .  109 

For  certified  copy  records .  42  sub.  5 

And  costs  in  city  court . 289 

And  costs  to  be  paid  in  advance .  295 

Fines  and  penalties  paid  over  by  recorder .  268 

License  .  55 

Police  chargeable  to  county .  196 

Of  police  for  services,  to  be  paid  to  chamberlain .  193 

Fighting  of  dogs .  269  sub.  7 

Fines  and  penalties  for  unpaid  water  rents .  175 

Fines  and  penalties,  collected  by  recorder .  268 

Filing — 

Certified  copy  of  revised  assessment  roll .  105 

And  certifying  documents . 296 

Objections  to  assessments  and  improvements .  98,  130 

Plans  for  street  improvements .  140 

Of  reports  received  by  mayor .  66 

Survey  and  map  for  additional  water  supply .  185 

Fires,  prevention  and  extinguishment .  49  sub.  13,  50  sub.  15 

Fire  alarms,  false .  269  sub.  3 

Fire  apparatus,  purchase  of .  201  sub.  3 

Fire  companies — (See  Fire  Department.) 

Fire  Department — 

Appointment  of  firemen .  202 

Assistant  engineers  of .  10,  11,  12,  200,  204 


137 


Fire  Department — Continued  Section 

Chief  engineer  of,  appointment .  10,  11,  200 

Chief  engineer  of,  term  of  office .  12,  200 

Chief  engineer  of,  annual  report  of .  203  sub.  4 

Chief  engineer,  duties  of .  203 

Chief  engineer,  general  management  and  control  of .  203 

Common  council  to  establish  and  maintain .  201  sub.  1 

Constituted  how  .  200 

Duties  of  treasurers  of  companies .  205 

Inspection  of  .  201  sub.  7 

Interference  with,  etc .  269  subs.  12,  16,  17,  18 

Inventory  of  property .  203  sub.  2 

Maintenance  of,  payable  from  fire  fund .  200,  64  sub.  c 

May  organize  new  or  disband  old  companies .  201  sub.  5 

Misconduct,  removal,  or  suspension  of  members .  208 

Meetings  to  elect  secretary  and  treasurer .  205 

Ownership  and  control  of  personal  property  of .  211 

Printed  rules  and  regulations .  201  sub.  2,  207 

Powers  of  common  council  in  relation  to .  201 

Rules  and  regulations  for .  207 

Secretary  and  treasurer  of,  election,  powers  and  duties .  205 

Tax  for  maintenance .  67  sub.  c 

Treasurers  of  companies,  bond,  etc .  212 

Volunteer  companies  continued .  200 

Fire  escapes,  may  be  ordered  for  public  places .  50  sub.  7 

Fire  limits  .  213 

Fire  fund  .  67  sub.  c,  64  sub.  4 

Firemen — - 

Appointment  of  .  202 

Duties  of  .  209 

Exemption  from  taxes  and  jury  duty .  210 

May  be  called  out  and  commanded  by  mayor .  40  sub.  3 

Paid,  power  to  employ .  201  sub.  6 

Fire  wardens  .  206 

Fiscal  year  of  city .  5 

Forfeitures — 

Accrued  to  water  board .  175 

And  penalties,  action  for .  283 


138 


Funds —  Section 

Contingent  .  64  sub.  9,  67  sub.  b 

Contingent,  payments  from  and  to .  70 

Expenditures  from  limited .  69 

Fire  .  64  sub.  4,  67  sub.  c 

Lighting  .  64  sub.  1,  67  sub.  b 

Pavement  .  136  subs,  d,  e 

Police  .  64  sub.  5,  67  sub.  a 

Poor  .  71,  253 

Poor,  no  other  expenditures  to  be  made  from .  253 

Salaries  payable  from .  21 

Sewer  .  64  sub.  3,  67  sub.  c 

Separate  .  64  sub.  9 

Special  .  64 

Street  .  64  sub.  2,  67  sub.  d 

Subdivision  and  transfers  of . *  69 

Sinking,  for  payment  of  water  bonds . 177 

G 

Gas  pipes,  regulation  of .  49  sub.  19 

Gambling,  suppression  of .  49  sub.  5 

Grade — 

Of  sidewalks  .  138 

Fix  for  pipes .  50  sub.  11 

Once  established,  changed  only  at  expense  of  city .  122,  123 

Guardians  ad  litem .  141 

Guarding  improvements  with  signal  lights .  50  sub.  12 

Guarding  dangerous  places .  49 

Gutters — 

Cleaning  of  .  50  sub.  10,  139 

And  curbs,  part  of  certain  improvements .  127 

Improvements  to  .  138 

H 

Handbills,  regulation  and  circulation  of . 49 

Hearing  of  objections . .  50  sub.  16,  133,  140 

Health  Officer — (See  City  Physician.) 

Highways  and  bridges — (See  streets.) 


139 


Highways — •  Section 

Commissioners  of,  common  council  to  be .  120 

District,  city  to  be  separate .  120 

Used  by  water  commissioners .  178 

Highway  tax — (See  streets.) 

Hotel  and  stage  runners  to  be  licensed .  49  sub.  8-c 

I 

Ice  and  snow — • 

Compelling  removal  from  sidewalks .  139 

Powers  to  compel  removal .  50 

Removal  of  by  railways .  56 

Improved  pavements — (See  local  improvements.) 

Improvements — (See  local  improvements,  streets,  sewers,  etc.) 

In-competent  property  owners,  guardians  ad  litem  for .  141 

Income  from  water  works,  application  of .  .  176 

Incumbrances,  encroachments  or  obstructions,  removal  of .  50  sub.  9 

Index — 

Of  bonds  of  city .  42  sub.  3 

Of  minutes  of  common  council .  42  sub.  3 

Of  ordinances  .  42  sub.  3 

Indecent — 

Exposure  .  269  sub.  24 

Language  or  conduct .  269  sub.  4 

Indebtedness — 

Bonded  railroad  .  93 

Bonded,  town  of  Johnstown  share .  95 

Exceeding  limit,  proceedings  for  incurring .  187 

School  district,  liability  for .  311 

Tax  for  . 67 

Village,  liability  for  .  311 

Infants  and  incompetents,  guardians  for .  141 

Injuring  public  property .  269  sub.  23 

Injury  to  trees  and  property,  prevention  of .  49  sub.  20 


140 


Inspectors —  Section 

Of  buildings,  authorized .  50  sub.  8 

Of  elections,  compensation .  21 

Of  plumbing,  appointment .  10,  11 

Inspection  of  city  work .  121  sub.  5 

Intoxicated  persons  . . .  269 

Interest — 

On  assessments  for  improvements  made  by  city .  138 

On  bonds  .  74 

On  amount  of  tax  sale,  for  redemption .  108 

On  unpaid  tax  .  Ill 

Issue  of  bonds . ' .  74,  186 

J 

Jails — (See  lock-up.) 

Johnstown  public  library . 68 

Johnstown,  town  of,  railroad  indebtedness .  93 

Johnstown,  payment  of  bonded  indebtedness  of  town .  95 

Judge — 

Of  city  court,  recorder  to  be . . .  280 

Or  juror  not  to  be  disqualified .  302 

Judgments — (See  also  city  court.) 

In  actions  for  unpaid  taxes .  Ill 

Against  city,  when  enforceable .  313 

In  favor  of  city,  transcript  to  be  filed  with  city  clerk .  304 

Tax  for  . . .  67  sub.  f 

For  tax,  penalty  or  water  rent .  266 

Jury — 

In  city  court . . .  286,  287 

Duty  and  taxes,  firemen  exempt  from .  210 

Lists,  preparation  of .  28,  288 

Jurisdiction — 

Of  city  court .  282 

Of  recorder,  criminal .  264 


141 


L 


Laborers —  Section 

Employment  of  .  122,  169 

Wages  to  be  fixed  by  Board  of  Water  Commissioners .  169 

Language,  indecent .  269  sub.  4 

Lands — 

Petition  for  commissioners  to  assess .  142 

Condemnation  of  for  water  supply .  185 

Water  shed,  maps  of .  185 

Legislative  powers  of  common  council .  49 


Levy — (See  taxes.) 


Library,  Johnstown  public .  6S 

Licenses — 

Application  for  .  55 

Fees,  fixing  .  55 

Proceedings  to  annul  or  suspend .  267 

Licensing — 

Billiard  rooms,  bowling  alleys,  etc .  49  sub.  8-e 

Cabmen,  etc .  49  sub.  8-b 

Handling  of  explosives .  49  sub.  8-f 

Of  occupations . *. .  49  sub.  8,  55 

Peddlers  .  49  sub.  8 -a 

Records  of  .  55 

Stage  and  hotel  runners .  49  sub.  8-c 

Liens — • 

For  local  assessments .  135 

Limitation  of  for  taxes .  105 

For  water  rents .  175 

Lighting — 

Fund  .  64  sub.  1 

Of  streets,  tax  for .  67  sub.  e,  99,  198 

Signal  lights,  guarding  improvements .  50  sub.  12 

Limits — 

Fire,  bounds,  may  enlarge .  213 

Indebtedness  exceeding,  proceedings  to  incurr .  187 


142 


Limitations —  Section 

Of  actions  for  negligence .  302 

Of  actions  to  set  aside  assessment .  136,  138 

Liquor  tax  money,  paid  to  poor  fund .  71 

Loans — (See  borrowing  money.) 

Lock-up,  establishment  of .  49  sub.  14 

Local  assessment — 

Additional,  to  meet  deficiency .  146 

Against  street  railway .  123 

Appeal  from  and  re-assessment .  134,  143 

Application  of  Article  V.  to .  112 

Consent  or  petition  of  property  owners .  126 

Collection  of  .  135 

For  curbs  and  gutters .  127,  138 

By  city  engineer,  how  made .  132,  136 

For  cleaning  sidewalks  and  gutters .  139 

District  of  assessment . . . 128 

For  expenses  of  street  openings,  etc .  140,  145 

Installment  unpaid,  all  remaining  becomes  due .  136  sub.  f 

Improvements  payable  wholly  or  partly  by .  123 

Lien  on  lands  of .  135 

Limitation  as  to  actions  to  set  aside . .  136  sub.  g 

Payable  in  installments,  bonds  for .  136 

Proceedings  after  appeal  from .  135 

Re-assessment,  commissioners  for .  134,  140,  142 

Roll  .  133 

For  repair  and  construction  of  sidewalks,  etc.,  installments .  138 

For  street  improvements .  123 

For  sewer  construction .  124 

Unpaid,  re-assessed  .  103 

Upon  farm  lands,  50%  to  be  remitted .  137 

Local  improvement — (See  also  local  assessment.) 

Cleaning  sidewalks  and  gutters .  139 

Construction  and  repair  of  sidewalks,  curbs  and  gutters .  138 

Consent  or  petition  of  property  owners,  when  necessary .  125 

Cost  of  sewer  construction .  124 

Curbs  and  gutters  to  be  included  in .  127 

Declaration  of  intent  to  make,  when  necessary . ! .  125 

Expense  paid  by  street  railways,  part .  123 

Expenses  to  include .  132 

Farm  lands,  special  provisions  as  to .  137 

May  let  contract  for .  136  sub.  a 


143 


Local  improvement — (See  also  local  assessment.) — Continued.  Section 

May  have  street  superintendent  construct .  136  sub.  a 

Notice  of  proposed  improvement .  130 

Objections  to  and  decisions  thereon .  130,  131 

Opening,  altering,  extending,  discontinuing  streets .  140  to  146 

Payable  by  installments .  136 

Plans  and  specifications  for .  136 

Sewers,  special  provisions  as  to . . . .  137 

Street  intersections,  paid  by  city .  123 

Unpaid  taxes  for,  collection  of .  135 

Lots,  drainage  of .  50  sub.  1 

Lot  numbers,  designation  of .  49  sub.  17 

M 

Mandates — 

Of  the  city  court .  284 

And  processes  of  recorder,  form  of,  service .  263 

Maps — 

And  records  kept  by  city  engineer .  121  sin.  1 

Common  council  to  cause  to  be  made  of  city  and  wards .  49  sub.  16 

For  local  improvements . 130 

Of  proposed  streets .  136,  140 

Of  proposed  sewers .  129 

Of  water  shed  lands .  185 

Markets  and  marketing,  regulation  of . .  49  sub.  12 

Mayor — 

Acting,  powers  and  duties .  41 

Action  on  ordinances .  46,  51 

Alderman -at-large  to  be,  in  absence  of .  41 

Annual  estimate  or  budget,  to  prepare .  66 

An  elective  officer .  10,  11 

Appointments  by  . . .  11 

Appoint  chief  of  police  and  policemen .  191 

Appoint  chief  engineer  and  assistants  of  fire  department .  200 

Calling  out  and  command  of  police  and  firemen .  40  sub.  3 

Call  special  meeting .  46 

Designate  place  for  office .  40  sub.  5 

Enforce  laws  and  ordinances .  40  sub.  2 

Examine  books  and  papers .  40  sub.  4 

Issue  licenses  .  55 


144 


Mayor — Continued  Section 

Administer  oaths,  take  acknowledgments,  etc .  27 

Oath  of  office .  19 

Powers  and  duties  of .  40 

Presiding  officer  of  common  council .  4!> 

Recommend  concerning  finances,  government  and  improve¬ 
ments  .  40  sub.  5 

Reports  of  city  officers  to .  65 

Salary  of  .  21 

Supervise  city  officers .  10  sub.  4 

Suspend  city  officers,  may .  24 

Sign  petition  for  appointment  of  commissioners . . .  142 

Sign  warrant  for  collection  of  city  tax .  100 

Sign  statement  of  unauthorized  expenditures .  77 

Term  of  office .  12 

Veto  and  right  to  pass  over  veto .  51 

Warrant  for  payments  of  claims  audited,  to  be  signed  by .  75 

Meeting — 

Annual,  of  common  council .  44,  46 

Board  of  Health .  250 

Board  of  water  commissioners .  160,  162 

Common  council,  regular  and  special .  46 

Joint  meeting  of  common  council  and  water  board .  11 

Public,  disturbing  .  269  sub.  15 

Members  of  Fire  Department — (See  fire  department.) 

Members  of  Police  Department — (See  Police  department.) 

Minutes  of  Common  Council — (See  city  clerk.) 

Minutes  of  Board  of  Water  Commissioners — (See  city  clerk.) 

Misdemeanor,  a  . . . . . .  25,  54,  76 

Monthly — 

Report  and  statement  of  recorder  and  acting  recorder .  268,  293 

Statements  of  chamberlain,  to  be  published .  60  sub.  3 

Moneys — 

City,  to  be  deposited .  62 

From  liquor  tax .  71 

Payment  of,  to  chamberlain .  78 

Payment  by  recorder  and  acting  recorder .  293 


145 

N 

Name —  Section 

Corporate,  of  city  .  4 

Of  streets,  designation  of .  49  sub.  17 

Negligence — 

Limitation  of  action  for .  203 

Verified  claims  for  to  be  filed .  203 

Newspapers — 

Official,  designation  of . 57 

Publication  of  ordinances .  52 

New  assessments  .  143 

Non-resident  taxpayers,  record  of .  60  sub.  7 

Noxious  occupations,  restraint  of .  49  sub.  7 

Notice — 

To  abate  nuisances .  50  sub.  16 

Of  city  tax .  101 

Of  completion  of  assessment  roll,  state  and  county  tax .  92 

Of  completion  of  assessment  roll,  city  tax .  98 

To  clean  sidewalks  and  gutters .  139 

To  firemen  to  show  cause  why  should  not  be  removed .  208 

To  inspectors  of  election .  223 

Of  proposed  improvements .  130 

To  persons  appointed  or  elected .  18 

Of  re-assessment  of  tax .  114 

Of  redemption  from  tax  sale .  108 

On  removal  of  city  officers . .  24 

State  and  county  tax .  96 

Service  of,  of  ordinance  for  sidewalk  construction .  138 

Of  street  opening  improvements .  140 

Of  special  election .  73,  188 

Of  tax  sale,  of  expense  of  publishing .  106 

Of  unpaid  city  tax .  101 

Of  water  rents .  174 

Nuisances — 

Prevention  of .  50  sub.  16 

Removal  of  .  50 


Numbering  bonds 


74 


146 


Number —  Section 

Of  laborers,  employed  by  superintendent  of  water  works .  169 

Of  lots,  designation  and  alteration  of .  49  sub.  17 


O 


Oath — 

Certain  city  officers  may  administer .  19,  27,  252 

Of  office,  official .  19 

Objections — 

To  assessments .  50  sub.  16,  98 

Hearing  of,  to  assessment .  133 

To  improvements  and  decision  thereon .  131 

To  proposed  improvements,  filing .  130 


Obstructing  sidewalk  . 50  sub.  13,  269  subs.  10,  13,  14 

Occupations — 

Licensing  of  .  49  sub.  8,  55 

Noxious,  restraint  of .  49  sub.  7 

Offensive  substances,  prevention  of  deposit  of .  49  sub.  18 

Office — (See  also  officers.) 

Common  council  to  provide,  rooms,  supplies,  furniture,  etc. 


.  49  sub.  23,  64  sub.  6 

Certificates  of  appointment  to .  17 

Of  chamberlain  in  city  building .  60  sub.  1 

Hours  of  chamberlain .  60 

Mayor’s,  to  be  designated  by  him .  40  sub.  5 

Recorder  to  attend  at  and  have  office  hours .  260 

Supplies  to  be  furnished .  49  sub.  23 

Terms  of  .  12 

Officers — 

Annual  report  and  estimate  by .  65,  66 

Appointive,  to  perform  additional  duties  without  extra  com¬ 
pensation  .  29 

Bonds  of  .  20 

Certificates  of  appointment  or  election .  17,  18 

City  .  10 

City,  continued  or  abolished .  317 

Commencement  and  expiration  of  terms  of .  13 

Compensation  of .  21,  49  sub.  21 


147 


Officers — Continued  Section 

Common  council  prescribes  powers  and  duties  and  fix  compen¬ 
sation  of,  where  not  provided  otherwise .  49  sub.  21 

Deliver  property,  books  and  papers  to  successor .  26 

Election  of  .  15 

Eligibility  to .  14 

Fees  and  perquisites,  not  to  receive .  22 

Of  fire  department,  suspension  and  removal .  208 

Liability  for  unauthorized  debts .  77 

May  administer  oaths,  etc . 27 

Manner  of  choosing .  11 

Not  to  hold  any  other  office .  14 

Not  to  be  interested  in  contracts  or  purchases .  25 

Penalties  for  unauthorized  contracts  and  expenditures .  76 

To  pay  moneys  received  to  chamberlain .  78 

Shall  collect  and  turn  over  all  fees  to  city .  22 

Suspensions  and  removals  of  appointive .  24 

Terms  of  .  12 

Vacancies  in  .  23,  166 

Officers,  powers  and  duties  of — 

Acting  mayor  .  41 

Alderman  .  43 

Assessor  .  90 

Assistant  chief  engineers  of  fire  department .  205 

Chamberlain  .  60 

Chief  engineer  of  fire  department .  203 

Chief  of  police .  194 

City  attorney  .  300 

City  clerk  .  42 

City  physician  and  health  officer. . .  251 

Commissioners  of  appraisement .  120 

Commissioner  of  charities .  252 

Commissioner  of  deeds .  27 

Engineer,  city  . 121 

Highway  commissioners,  common  council  to  be .  120 

Judge  of  city  court . 264 

Mayor  . 41 

Police,  assistant  chief  of .  195 

Policemen  .  192 

Recorder  .  264 

Secretary  and  treasurer  of  fire  department .  205 

Supervisors  .  28 

Superintendent  of  water  works .  167 


148 


Officers,  powers  and  duties  of — Continued  Section 

Superintendent  of  streets .  122 

Water  commissioners  .  170 

Official — 

Bonds  . ; .  20,  61,  165,  205 

Bond  of  policemen .  20 

Bond  of  water  commissioners .  165 

Bond  of  bank  depository .  62 

Bond  of  chamberlain .  61 

Minutes,  custody  of .  42  sub.  2 

Newspapers,  designation  of . 57 

Oaths  .  19 

Year  .  5 

Omitted  property,  assessment  of .  103 

Opening,  entending,  etc.,  streets .  140 

Opening  judgments  on  default .  290 

Order,  preservation  of .  49  sub.  1 

Ordering  fire  escapes .  50  sub.  7 

Organizing  fire  companies .  201  sub.  5 

Ordinance — 

Actions  under  .  267 

Actions  under,  exclusive  jurisdiction  of  recorder .  266 

Adoption  of  .  47 

Approval  or  disapproval  by  mayor .  51 

Construction  of  word  .  317 

Construction  of  former .  316 

Definition  of  .  6 

Enforcement  of  .  40 

Evidence  in  actions  under .  266 

For  sidewalk,  curb,  etc.,  construction .  138 

May  provide  for  payment  of  sidewalk  in  five  installments .  138 

May  be  read  in  evidence .  315 

Penalties  for  violation  of .  54 

Publication  of  .  52 

Power  of  common  council  to  adopt .  49,  50 

Record  book  of,  and  index .  52 

Time  of  taking  effect .  52 

Overseer  of  poor,  commissioner  of  charities  to  be .  252 

Ownership  and  control  of  property  of  fire  department .  211 


149 

Section 

Owner  to  remove  snow,  etc .  139 

Paid  fire  department,  may  change  to .  201  sub.  6 

Parks — 

May  purchase  grounds  for .  49  sub.  15 

May  receive  by  gift .  4  sub.  6 

Pavement  fund  . .  136  subs,  d,  e 

Pavements — 

Issue  of  bonds  for  .  136 

Payment  by  installments  for .  136 

Plans  and  specifications  for .  136 

(See  also  local  improvement.) 

Pay  roll — 

Of  superintendent  of  streets .  122 

Of  superintendent  of  water  works .  167 

Peddlers,  licensing  of .  49  sub.  8-a 

Penalties — 

And  fines  for  unpaid  water  rents .  175 

And  forfeitures,  actions  for  .  283 

Civil  actions  to  recover .  304,  266,  283 

For  improper  payment  of  funds  by  treasurer .  212 

For  misconduct  of  members  of  fire  department .  208 

Paid  to  chamberlain .  268,  304 

For  unauthorized  expenditures .  76 

For  violation  of  ordinances .  54 

Person,  definition  of .  6 

Perquisites  and  fees,  city  officers  not  to  receive .  22 

Petition — 

Commissioners  to  assess  lands,  street  opening .  142 

For  local  improvement .  126 

Physician — (See  city  physician.) 

Plank  road,  compelling  repairs  of .  56 

Pleadings  in  city  court .  285 

Plumbing  inspector,  appointment  of .  11 

Poles,  erection  of  regulated 


49  sub.  3 


3  50 


Police — (See  also  chief  of  police.)  Section 

Assistant  chief  .  195 

Bonds  of  .  20 

Compensation  of  .  193 

Fund,  tax  for .  67  sub.  a 

Fees,  chargeable  to  Fulton  county .  196 

Lock-up,  stations  and  headquarters .  49 

Mayor  call  out  and  command .  40  sub.  3 

Not  to  receive  additional  compensation .  193 

Number  of  uniformed .  10 

Special  . 191 

Traveling  expenses  of .  193 

Police  department — 

Appointments  to  . 191 

Establishment  of  . . .  49  sub.  14 

How  constituted  .  190 

Maintenance  of,  payable  from  police  fund .  64  sub.  3 

Powers  and  duties  of  members .  192 

Rules  and  regulations  of,  to  be  printed .  190 

Report  to  common  council .  194  sub.  4 

Policemen — (See  police.) 

Poll  clerks,  compensation  of .  21 

Poor  fund — (See  funds.) 

Poor — (See  charities,  city  physician.) 

Process — (See  city  court.) 

Practice  in  city  court — (See  city  court.) 


Proposed  improvements — (See  local  improvements.) 


Purchases  and  contracts,  officers  not  to  be  interested  in .  25 

Public  buildings,  to  purchase  and  erect .  49  sub.  15 

Public  library  .  68 

Publication — 

Of  notice  of  completion  of  special  assessment- roll .  138 

Of  notice  of  intention  to  open  or  extend  a  street .  140 

Of  notice  of  proposed  improvement .  130 

Of  notice  to  receive  sealed  proposals .  180 

Of  notice  of  time  and  place  of  hearing  before  commissioners .  142 

Of  report  of  board  of  water  commissioners .  171 

Of  notice  to  redeem .  108 


151 


Publication — Continued  Section 

Of  ordinances,  when  required .  52 

Of  special  election .  73,  188,  236 

Of  tax  sale .  106 

Of  tax  notices .  96,  101,  104 

To  be  made  in  official  newspapers .  57 


Q 


Quorum — - 

Of  board  of  water  commissioners .  163 

Of  common  council .  47 


R 


Railroads — (See  railways.) 


Railways — 

Assessment  against  for  pavements . .  123 

Lands  may  be  condemned  for  sewers .  129 

Power  of  common  council  to  compel  removal  of  dirt,  etc...  49  sub.  10 

Removal  of  snow  and  ice  by .  56 

Repairs  of  streets  by  .  56 

Records — 

And  maps  kept  by  city  engineer .  121  sub.  1 

Of  common  council  as  evidence .  172 

Pees  for  copying .  42  sub.  5 

Of  licenses  .  55 

Of  ordinances  and  resolutions .  53 

Of  proceedings  of  water  commissioners .  170  sub.  6 

Of  water  commissioners  as  evidence  .  172 

Recorder — (See  also  city  court.) 

Actions  under  ordinances .  266 

Acting — (See  acting  recorder.) 

Actions  before — (See  actions.) 

Annual  report  of .  294 

To  attend  at  office .  260 

Bond  of  .  20 

Criminal  jurisdiction  of .  264 

Disorderly  persons,  proceedings,  penalty,  etc .  264 

Docket,  to  be  kept .  263 

Election  of  . . .  10,  11 


152 


Recorder — (See  also  city  court.)- — Continued  Section 

Eligibility  of  (to  be  attorney  at  law) .  14 

Jurisdiction  in  bastardy  proceedings .  264 

Judge  of  city  court .  280 

May  hold  court  of  special  sessions .  265 

Monthly  report  by  .  293 

Oath  of  office . 19 

Powers  and  duties .  264 

Process,  form  and  service  of .  263 

Pay  over  moneys  received  by,  also  fines,  fees  and  penalties.  .  268,  293 

Removal  of  .  262 

Salary  .  21 

Term  of  office .  12 

Vagrants  and  disorderly  persons  defined  and  jurisdiction .  269 

Removal — 

Of  appointive  city  officers .  24 

Of  ice  and  snow  by  railways .  56 

Of  members  of  fire  department .  208 

Of  recorder  . 262 

Rents — (See  water  rents.) 

Repairs — 

Distinguished  from  new  construction .  123 

Of  streets  by  railways .  56 

Of  sidewalks,  gutters,  etc .  138 

By  water  board  .  168 

Reports —  , 

Annual  of  water  commissioners .  171 

And  estimates,  annual  by  officers .  65 

Of  fire  chief,  annual .  203  sub.  4 

Monthly,  by  commissioner  of  charities .  254 

Of  police  department  to  common  council .  194  sub.  4 

By  recorder  .  268,  293 

By  superintendent  of  streets .  122 

By  superintendent  of  water  works . . .  167 

Water  commissioners,  to  be  printed,  etc .  171 

Residence,  change  from  city  or  ward .  19 

Resolutions — 

Adoption  of  .  47 

Approval  or  disapproval  by  mayor .  51 

Construction  of  word .  316-a 


153 


Resolutions — Continued  Section 

Definition  .  6 

Record  of  .  53 

When  to  take  effect .  52 

Rewards,  police  not  to  receive .  193 

Rules — 

Of  board  of  water  commissioners .  163 

For  care  and  protection  of  water  works . .  170  sub.  4,  5 

Of  common  council  .  47 

Of  fire  department,  to  be  printed .  201  sub.  2,  207 

How  read  in  evidence .  315 

Of  police  department .  190 


S 


Sale — 

Of  bonds  .  . .  74 

Of  property  for  taxes .  97,  106 

Surplus  from  tax .  115 

Of  water  outside  of  city .  179 

Salaries — 

All  fees,  perquisites,  etc.,  to  be  paid  over  to  city .  21,  22 

Board  of  water  commissioners,  may  add  to  for  certain  officers  21-a 

Council  to  fix  .  21 

Funds,  payable  from .  21 

No  extra  compensation  to  be  given . .  21,  22 

Payable,  monthly  .  21 

Seal — 

Corporate  of  city,  kept  by  .  42  sub.  2 

Of  city  court  .  281 

Power  to  alter .  4  sub.  5 

Use  of  .  4  sub.  5 

Service — 

Of  notice  by  city .  50  sub.  16,  130,  138 

Of  process  and  mandates... .  263,  284 

Service  of  police,  fees  for .  193 

Sewer — 

Appeal  from  assessment .  134 

Assessment  of  expense .  132,  133 

Chargeable  to  city  at  large .  124 


154 


Sewer — Continued  Section 

Condemnation  proceedings  for . .  129 

Collection  of  assessment .  135 

Construction  payable  from  sewer  fund .  64  sub.  2,  3 

Construction,  expense  of .  124,  129 

District  of  assessment  for .  128 

Easement,  right  to  acquire . . .  4  sub.  3 

Fund  . . .  64  sub.  3 

Fund,  tax  for .  67  sub.  d 

Local  assessment  for .  124 

Notice  of  proposed  improvement .  130 

Objections  to  improvement .  131 

Petition  not  necessary  for  .  125 

Regulation  of  private .  49  sub.  19 

Sidewalks — (See  also  streets,  local  improvements.) 

Cleaning  of  .  49,  50  sub.  10,  139 

Obstruction,  prevention  of.  .  49  sub.  19,  50  sub.  13,  269  subs.  10,  13,  14 

Signs,  erection  of  regulated . . .  49  sub.  3 

Sinking  fund  from  water  rents .  176,  177 

Slaughter  houses,  regulation  or  prohibition  of .  49  sub.  11 

Snow  and  ice,  removal  of .  49,  50,  56,  139 

Special — 

Assessment — (See  assessment.) 

Elections — (See  elections.) 

Funds  .  64 

Meetings — (See  common  council,  board  of  water  water  com¬ 
missioners,  etc.) 

Police — (See  police.) 

Provisions  as  to  work  in  streets .  168 

Sessions,  courts  of  .  265 

Streets — 

Construction,  payable  from  street  fund .  64  sub.  1 

Definition  of  .  6 

Excavation  on,  by  water  board  .  168 

Fund,  tax  for . , .  67  sub.  b,  99 

And  highways,  right  to  lay  water  pipes  in .  178 

Intersections,  payable  by  city . 123 

Improvement,  authorized,  payment  of  awards .  145 

Improvements,  commissioners  to  assess  damages .  140,  142 

Improvements,  notice  of,  expense  of,  plans  for,  etc .  140 


155 


Streets — Continued  Section 

Improvements,  payable  by  local  assessment .  123 

Improvement  at  expense  of  owners .  50 

Improvements,  payable  by  railways .  123 

Lighting  tax  .  67  sub.  e,  99 

Names,  designation  .  49  sub.  17 

Opening,  extending,  altering,  discontinuing,  etc .  140 

Railways,  etc.,  to  repair;  to  remove  snow  from .  56 

Railing  or  guard,  to  provide  for .  49  sub.  4 

Superintendent  of,  to  clean  sidewalks,  etc .  139 

Superintendent  of  water  works  to  do  work  in .  168 

Superintendent — (See  superintendent  of  streets.) 

Sweeping  of .  50  sub.  2 

Trees,  order  planting,  trimming  or  removing .  50  sub.  3 

Use  of  regulated  .  49  sub.  3 

(See  also  local  improvement.) 

State  and  county  tax — 

Assessment  for  .  92 

Assessment  rolls,  preparation  of .  92 

Assessment  rolls,  notice  of  completion .  92 

Assessment  rolls,  examination  and  review .  92 

Collection  of,  unpaid  .  97 

Fees  on  unpaid  .  96 

Payment  of  .  96 

Re-assessment  .  103 

Warrant  for  collection  of  .  94 

State  and  county  charges  to  be  apportioned .  93 

Stay  of  proceedings  .  290 

Stones,  throwing  forbidden  .  269  sub.  22 

Subdivision  of  funds  .  69 

Superintendent  of  streets — 

Appointment  of  .  11 

To  clean  walks,  etc .  139 

Employ  all  laborers  .  122 

Oath  of  .  19 

Powers  and  duties  of .  122 

Payment  of  salary .  122 

Reports  of  work  by . 122 

Salary  of  .  21 

Term  of  office  .  12 


156 


Superintendent  of  water  works —  Section 

Appointment  of  .  11 

Duties  of  .  167 

Excavations  in  streets .  168 

Number  of  laborers  employed  by .  169 

Present  payrolls  .  167 

Salary  of .  21,  167 

Term  of  office... .  12 

Wages  of  laborers  employed  by .  169 

Supplies,  furniture,  rooms,  etc.,  for  city  officers....  49  sub.  23,  64  sub.  6 
Supervisor — ■ 

Compensation  of  .  21 

Election  of,  by  wards  . .  10,  11 

Powers  and  duties  .  28 

Prepare  jury  lists .  28 

Term  of  office  .  12 

Suspensions — 

Of  appointive  city  officers . 24 

Of  officers  or  members  of  fire  department .  208 

Sweeping  of  streets  . . .  50  sub  2 

T 

Tax — (See  also  assessment.) 

Actions  to  recover .  Ill,  266 

City — (See  city  taxes.) 

Deed — (See  tax  sale.) 

Determination  of  annual  levy .  66 

Exemption  of  firemen  from .  210 

On  “Farm  Lands”,  special  provisions  as  to .  98,  137 

Liquor,  paid  to  poor  fund .  71 

Notices  .  96,  101,  106,  108 

Presumptive  evidence  of  regularity .  Ill 

Purposes  of  levy,  designation  of  funds .  67 

Sale  of  property  for — (See  tax  sale.) 

State  and  County — (See  state  and  county  tax.) 

Unpaid,  actions  and  judgment  for  collection .  Ill 

Unpaid,  assessor  to  re-assess .  103 

Unpaid,  chamberlain  to  collect,  proceedings .  106 

Unpaid,  chamberlain  to  deliver  list  to  assessor .  103 

Unpaid  city,  notices  for .  101 

Unpaid,  fees  added  to .  96,  101 


157 


Tax — (See  also  assessment.) — Continued  Section 

Unpaid,  interest  upon .  Ill 

Unpaid  local  improvement,  collection  of .  112,  135 

Unpaid,  use  of  when  collected .  Ill 

Warrants,  date  of  city . . ..  102 

Tax  Sale — 

Certificate  and  deed  to  purchaser .  107,  109 

City  may  bid  in  property . . .  106 

Expense  of  publishing  notices .  106 

Failure  of  title  on,  purchaser  to  be  reimbursed .  110 

Levy  upon  personal  property .  97,  102 

Procedings  for  .  106 

Redemption  from  .  108 

Surplus  from  .  115 

Title  of  purchasers  at  sale .  107 

Temporary  loans — (See  loans.) 

Temporary  President — (See  board  of  water  commissioners.) 

Terms,  definition  of  .  6 

Terms  of  office  .  12 

Terms  of  office,  expiration  and  commencement  of .  13 

Theatres,  licensing  of . • .  49  sub.  8-d 

Threatening  behavior  .  269  sub.  8 

Title- 

On  tax  sale — (See  tax  sale.) 

By  condemnation  proceedings .  129 

Town — 

City  regarded  as  a . 310 

Of  Johnstown,  floating  and  railroad  bonded  indebtedness .  93 

Of  Johnstown,  payment  of  share  of  bonded  indebtedness  of .  95 

Transfers  of  moneys  between  funds .  69 

Transcript — 

Of  judgment  in  city  court .  291 

Of  judgment  in  favor  of  city  to  be  filed'  with  clerk .  304 

Of  records  as  evidence .  315 

Treasurer — 

Of  fire  department — (See  fire  department.) 

Of  fire  companies,  bond  and  duties  of .  212 

Of  fire  companies,  penalty  if  money  paid  improperly .  212 


158 


Trees —  Section 

Cutting  of,  on  water  shed .  18.°, 

Preservation,  planting,  etc.,  of .  50  sub.  3 

Prevention  of  injury  to .  49  sub.  20 

Trial — 

In  city  court — (See  city  court.) 

On  proceedings  to  annul  license .  276 

U 

U  nauthorized — 

Contracts,  claims  and  expenditures .  76 

Debts,  recovery  of .  77 

Unpaid  taxes — (See  tax.) 

Use  of  streets  regulated . . .  49  sub.  3 

V 

Vacancies  in  office — 

How  caused  .  14 

In  elective  and  appointive  offices .  23 

When  to  be  filled .  23,  166 

In  office  of  water  commissioner .  166 

Vagrancy,  to  restrain .  49  sub  6 

Vagrants  and  disorderly  persons  defined,  etc .  269 

Verified  compaint,  in  city  court .  285 

Veto — 

Of  budget,  by  mayor  .  66 

Mayor’s  . 51 

Violation  of  ordinances .  54 

Votes,  canvass  of,  by  common  council .  16 

Voting — 

In  board  of  water  commissioners .  163 

In  common  council .  47 

On  expenditures  of  money,  majority  in  office  must .  47,  163 


159 


W 

Section 

Wages  of  laborers,  water  commissioners  to  fix .  169 

Wardens,  fire  .  206 

Wards,  boundaries  of,  etc . . .  3 

Warrant — 

In  payment  of  claims .  75,  167,  182 

For  taxes  .  94,  100,  102,  145 

Water — (See  superintendent  of  water  works;  water  commissioners,  etc.) 
Water  commissioners — 

At-Large,  election  of .  10,  11 

At-Large,  term  of  office .  12 

Election  of,  by  wards  .  11 

Term  of  office  .  12 

Water  Commissioners,  Board  of — (See  board  of  water  commissioners.) 
Water  rents — 

Action  to  recover .  174,  266 

Apportionment  of  .  173 

Application  of  income  from .  176 

Board  to  make  rules,  etc.,  for .  170  sub.  3 

Collection  of  .  174 

Deficiency,  if  any,  tax  to  cover .  176 

To  establish  sinking  fund,  and  investment  of  same .  177 

Liens  for  .  175 

May  enter  buildings  and  inspect  for .  173 

Rolls  delivered  to  chamberlain .  174 

Unpaid,  fines  and  penalties  for .  175 

Water  works — 

Care  of  .  170  sub.  2 

Control  of  property  used  for .  183 

(See  Water  commissioners,  board  of.) 

Y 


Year,  official  and  fiscal 


5 


THE  MORNING  HERALD  PRESS 


19  <y|§!|§|^i>  18 


GLOVERSVILLE  AND  JOHNSTOWN,  N.  Y. 


